TERMS OF SERVICE
The following terms and conditions constitute a legally binding contract (this "Agreement") between you (“you” or “your”) and Donbhatn LLC (“DBH”, “us” or “we”)., a third-party corporation that governs all use by you of the .me website (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services"). We’ll refer to DBH and all of its subsidiaries and affiliated companies collectively as "DBH", "we", "our", "us", etc. DBH is a print-on-demand company for businesses that want to outsource the printing and delivering component. DBH white-label prints and dropships products ("Products") directly to you and your customers ("Customers").
If you use our Services only for your personal use, you are considered a "User". If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a "Merchant".
REGARDLESS OF/IF YOU ARE A USER OR MERCHANT, SECTION 18 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST DBH IN THE UNITED STATES.
Access & Membership
In order to enjoy all of the benefits we have to offer, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user's DBH account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DBH immediately of any breach of security or unauthorized use of your account. Although DBH will not be liable for your and your connection’s losses caused by any unauthorized use of your account, you may be liable for the losses of DBH and others due to such unauthorized use.
DBH may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders for European Economic Area Users which DBH has already confirmed. DBH may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to DBH that you are at least 18 years of age, however, if you are an individual residing in Japan, you certify to DBH that you are at least 20 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Without affecting orders completed prior to any modifications made and which have been confirmed, DBH reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after we posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after DBH posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send DBH a written notification, including via email (and your member account will be deleted), to close your account within 30 days of notice.
All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") that you post, submit, upload, display, sell or use, hereinafter "post", using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, name, your customer reviews, comments, videos, usernames, etc.).
A. Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold, manufactured, or warehoused by DBH. You also represent that you’re not infringing or violating any third party’s rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused by DBH.
B. Permission to Use the Content. DBH agrees that any Content that you post using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.
C. Rights You Grant DBH. By posting your Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote DBH and/or your products or service, or the Services in general, in any formats and through any channels, including across any DBH Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.
D. Reporting Unauthorized Content. DBH respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
E. Intellectual Property. DBH respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to our site, products and services provided, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state and federal laws.
F. Trademarks and Infringement of Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. DBH will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. We reserve the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive proper notice of intellectual property infringement (via email email@example.com or otherwise), DBH strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When we remove, block or disables access in response to such a notice, DBH makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
i.DMCA Cooperation: DBH’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA). To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, DBH’s policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers.
ii.Counter DMCA Notifications: If DBH receives a DMCA counter notification, DBH will send a copy of the counter notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs DBH of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party. If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked or disabled at the sole discretion of DBH.
iii.Repeat Infringement: DBH may terminate account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by DBH at its sole discretion.
G. Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have express authority and written permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own all trademarks, service marks, trade dress, and trade names incorporated into the Content you post, or if you are not the owner, that you have express authority and written permission to use, post, and reproduce such marks, trade dress, and trade names in connection with any Content and the Services provided under this Agreement.
H. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.
4. Use of Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or DBH. For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against DBH, another DBH user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not export, reexport, or otherwise transfer DBH’s Products to countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above. You agree not to use the Services: (i) to impersonate or attempt to impersonate DBH, any other DBH Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “DBH Parties”: (a) DBH, (b) DBH’s subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of DBH and its subsidiaries, affiliated companies, and joint ventures.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm any DBH Party or expose any of them to liability. You agree that DBH reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of DBH.
Follow Brand Guidelines. The name “DBH”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of DBH in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, DBH does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by DBH that DBH provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). DBH reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to DBH (not including your Content or Products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
Communication Methods. DBH will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing your paper copies (it’s better for the environment).
Digital Items. Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer, and their intellectual property rights belong exclusively to DBH. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of DBH’s Products and may not be used for other purposes or in conjunction with products from other manufacturers.
5. Content and Services
Items Your Clients Purchase Through Our Sites. You understand that DBH cannot and does not make any warranties about your Content, stores, or what you sell to your Customer that we may warehouse. Any legal claim related to a Product your Customers purchase must be brought directly against you as the seller of the Product. You release DBH from any claims related to Products sold by you through our Services, including claims for misrepresentations by you to your Customers or claims for physical injury or property damage by any of your Products that are warehoused for you by DBH.
Content You Access. Your Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by others through the Services. DBH is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you accessed through the Services. You release us from all liability relating to that content.
Services. DBH is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We do not guarantee that:
the Services will be secure or available at any particular time or location – DBH shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services. DBH shall strive to ensure that the Services are carried out in other locations in case it is not possible to carry them out at the location the Services were initially intended to be performed at. (Any errors for which DBH is responsible will be corrected; the Services will always be free of viruses or other harmful materials; or the results of using the Services will meet your expectations. You use the Services solely at your own risk.)
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER DBH NOR ANY OTHER DBH PARTY SHALL BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE DBH PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limited Warranty on Products
Limited Warranty. We warrant that, at the time of delivery of a Product to a User or the Merchant’s Customer, the Product will not be materially defective or damaged (the “Limited Warranty”).
Who May Use This Warranty? DBH extends the Limited Warranty only to Users and Merchants. All Limited Warranty coverage terminates if the User or the Merchant’s Customer sells or otherwise transfers a Product. Does not apply to Users residing in the European Economic Area.
What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
What is the Period of Coverage? This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, DBH acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product. If a Product is materially defective (including any error by DBH in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Your rights in the case of lack of conformity
If you are a User residing in the European Economic Area, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees below apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by DBH, as well as any costs related to the delivery to you of the repaired or replaced product.
8. Responsibility of Site members and visitors
Violation of this Agreement or any other rules will result in the termination of your DBH account.
DBH and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, DBH and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by DBH or submitted to DBH, including without limitation information in DBH collaborations, posts and in all other parts of the provide Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing DBH with accurate and truthful information (including but not limited to your name and surname if you are a User or retail price if you are a Merchant). If you have provided DBH with inaccurate or false information, (a) you shall be liable to DBH for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to DBH, and (c) DBH shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
9. Payments and fees
You may choose to save your billing information to use it for all future orders and charges associated with DBH Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse DBH for damages resulting from such unauthorized use.
With regard to payment methods, you represent to DBH that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
If you or your Customer makes any return which does not comply with our return policies (which are described here), you will reimburse DBH for its losses, which consist of fulfillment costs and chargeback handling fees (up to $20 USD per chargeback).
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order, you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
DBH at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events DBH may use or participate in.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
In some states in the US and countries, DBH may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable).
In certain cases, you are required to provide a valid exemption certificate such as Resale certificate, VAT ID or ABN.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss, of damage to, and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case DBH will not make any refunds and will not resend the Product. For Users in the European Economic Area the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with DBH’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to DBH investigation and sole discretion.
12. Description of products
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. Obviously, we won’t knowingly ship damaged items to you (your Customers), but these damaged items can still be used for charitable purposes. DBH reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
If a Product the Merchant has ordered goes out of stock and the Merchant has not opted-out of Product alternatives in store settings, the Product might be substituted at DBH's own discretion and without any express notification with the most appropriate Product alternative in the order to avoid fulfillment delays, unless we can't find a comparable replacement, in which case the Merchant still need to wait for the original Product to be restocked. If the Product alternative costs more than the original Product being substituted, DBH will charge the price Merchant has paid for the order of the Product. For Product alternatives that cost less than the original Product, we'll refund you the difference. If you wish to opt-out of alternative Products, you can change it in the store settings. Unless the Merchant has opted-out of Product alternatives in the store settings, Merchant is solely responsible for informing Merchant’s Customers about the Product being substituted with a Product alternative.
13. Purchase of products
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. DBH will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact DBH via the website’s customer service form.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
To the fullest extent permitted by law you release us and all other DBH Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any DBH Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by DBH (or for which DBH provides no guarantees) under this Agreement, or (b) for which DBH is otherwise indemnified or released by you under this Agreement.
To the fullest extent permitted by law you will defend, indemnify, and hold DBH and the other DBH Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the DBH Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party, or (e) if you are a Merchant, any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by DBH. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
17. Governing Law
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of Florida, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located but if you are a User living in the European Economic Area or Switzerland the laws of the Republic of Latvia will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as a User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.
For Users in the European Union: Alternatively, you can contact the consumer center in your country, or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.
18. ARBITRATION AND JURY TRIAL WAIVER
“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, excluding only claims under the Limited Warranty and claims brought by Users living in the European Economic Area or Switzerland against DBH in European Economic Area. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless DBH and you agree otherwise, any arbitration hearings will take place within the state of Florida, except that, for Users, any arbitration hearings will take place in the county of your residence. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties’ consent. You and DBH acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and DBH agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DBH KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND DBH WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 18. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND DBH KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and DBH shall each bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
19. Privacy and Personal Data Processing
If you are a Merchant and provide us with your customers' personal data, our Data Processing Terms, which are incorporated in this Agreement by reference, apply.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
DBH will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in DBH’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
DBH at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area and such transfer or assignment may reduce your guarantees under this Agreement, then DBH will ask for you permission beforehand.
If you have any questions about this Agreement, please email us at firstname.lastname@example.org.
We do not knowingly collect, maintain, disclose, or sell the personal information about users under the age of sixteen (16). If you are under the age of 16, please do not use our Services. If you are under the age of 16 and have used our Services, please contact us at the email address below so that we may delete your personal information.
If you use our Services only for your personal use, you are to be considered as the “User” and for the purpose of the General Data Protection Regulation (“GDPR”), we are the data controller.
If you use our Services to execute orders and deliver products to third parties, you are to be considered as the “Merchant” and with regard to your contact details and the other data listed in Section 1 below, we are the data controller. Where we act on a Merchant’s behalf to fulfil an order with regard to the Merchant’s customer, we are a data processor: please see our Data Processing Terms.
1. Information we collect
1.1. Information collected about Users and Merchants and how we use it
Where you are a User and it is necessary to fulfil our contract with you for the purposes of providing, maintaining, or improving our products and Services (including, to the extent permitted by applicable law, any matters in our legitimate interests with respect to the Services), we will conﬁrm your identity, contact you, provide customer support (including via chat, in the comment section of our blog, or other platforms, where you may reach us), operate your account with us and invoice you. For the aforementioned purposes, we collect information that may contain the following personal data:
Email address and phone number;
Payment and billing information (payment method details, first and last digits of your payment card);
Order handling information
If you have given your consent when registering your account, when subscribing to our newsletter or blog, or shared your email address or other personal data with us to receive any other information (for example, our list of sub-processors), we will process your email address to send you the informative and/or promotional materials, to which you have subscribed to, for example, newsletters, advertisements of our Services and other information about our Services that you have requested. At any point in time you can unsubscribe from receiving the above-mentioned information by making a formal request to do so. For Merchants, we will not use the contact details of your customers to directly market or advertise our Services to them.
When you contact our customer support department, we may monitor or record the call to ensure the quality of our customer support. If you have a Members account, we will retain the recording for as long as you have an account. If you do not have an account, we will delete the recording within 12 months or retain it, if it will be needed to resolve disputes between you and us.
By using cookies and similar technology on our website, we may collect data such as information on your device, your preferences and information filled while visiting our website, your interaction with the website, and other information used for analytical, marketing, and targeting activities (including unique visits, returning visits, length of the session, actions carried out in the webpage).
As it is in our legitimate interests to ensure our network security, give you access to and to improve our Services, we also collect the following technical usage data:
How and when you access your account;
Information about the device and browser you use;
IP address and device data.
1.2. Information collected about our Merchant’s Customers
Where we act on a Merchant’s behalf to fulfil an order with regard to the Merchant’s customer (i.e. an end user of our Services), we are a data processor and we collect information relating to the Merchant’s customer, such as personal data relating to the end user of our Services, any personal data in the printing content (where applicable), personal data revealed during the use of any DBH’s services, including name, email address, phone number, shipping address, and other information about the Merchant's customers.
2. Sharing personal data with third parties
In order for us to provide you with our Services, we work with third parties (“Third Party Service Providers”) with whom we share personal data to support these Services.
Information you have provided to us during the use of our Services, including technical usage data, is shared with third parties who provide hosting and server co-location services as well as data and cyber security services.
Information you have provided to us during the use of our Services may be shared with third-party manufacturing services whom we engage to provide any Services.
Your email address and other contact details you have provided to us and your messages to our customer service is shared with communication, email distribution, and content delivery services as well as customer support system providers.
Information regarding your purchases and payments is shared with billing and payment processing services, fraud detection and prevention services, accounting and ﬁnancial advisors.
Information regarding your use of our website and other information received from cookies and similar technology is shared with web analytics, session recording, and online marketing services.
Information on your account, purchases and preferences can be shared with marketing services.
Insofar as reasonably necessary to defend our legal rights, we may share your personal data with our legal advisors.
We will only share personal data to Third Party Service Providers that have undertaken to comply with obligations set out in applicable data protection laws.
In certain circumstances, we are required to share information with third parties to comply with legal requirements or requests, as well as to protect our, or a third party’s, lawful interests. We will also disclose your information to third parties in and outside your country only to the extent allowed by applicable law, including:
to a prospective purchaser or purchaser that acquires all or substantially all of us or our business;
to a third party in the event that we sell or buy any business or undergo a merger, in which case we may disclose your information to the prospective buyer of such business; and
to a third party if we sell, buy, merge or partner with other companies or businesses, undergo a reorganization, bankruptcy, or liquidation; or otherwise undertake a business transaction or sell some or all of our assets. In such transactions, your information may be among the transferred assets.
3. Retention periods
We may retain your personal data for as long as you have a DBH account or any of the abovementioned legal basis for personal data processing still exists. For example, if you unsubscribe from our marketing, newsletter, or blog emails, we will stop the processing of the personal data for such purposes. If you have used our Services without creating a DBH account, we will keep your personal data as long as necessary to comply with our legal obligation to retain information relating to provision of services, for example, for tax purposes.
After terminating your relationship with us by deleting your DBH account or otherwise ceasing to use our Services, we may continue to store copies of your (and in regard to Merchants, your customers' personal data) as necessary to comply with our legal obligations, to resolve disputes between you and us (or you and your customers), to prevent fraud and abuse, to enforce our agreements, and/or to protect our legitimate interests (to the extent that we are permitted by the applicable law to continue to store copies to protect our legitimate interests).
4. Data subject's rights
If you are a User or Merchant located in the European Economic Area or the United Kingdom, in accordance with European Union and United Kingdom data protection regulations, you have certain rights with respect to your personal data. You have the right to request access to your personal data; in certain circumstances to correct, amend, delete, or restrict the use of your personal data by logging into your DBH account or by reaching us using the contact information provided below. In addition, you can object to the processing of your personal data in some circumstances (in particular, where we are not required to process your data to meet a contractual or other legal requirement). These rights may be limited, for example, if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to retain, are permitted by law to retain, or have compelling legitimate interests in retaining (to the extent that applicable law permits us to retain such information based on our legitimate interests).
Furthermore, if you believe that we have unlawfully processed your personal data, you have the right to submit a complaint to the contact information provided below, or to your respective data protection supervisory authority. If you are a customer of a Merchant (an end user of our Services), please direct your concern to the relevant Merchant in the first instance.
5. Information security
We seek to use reasonable organizational, technical, and administrative measures to protect the conﬁdentiality, integrity, and availability of personal data. We encourage you to take care of the personal data in your possession that you process online and set strong passwords for your DBH account, limit access to your computer and browser by signing out after you have ﬁnished your session and avoid providing us with any necessary or unnecessary sensitive information.
6. International transfers of data
7. California privacy rights
If you are a resident of the State of California and you have provided your personal information to us, you have certain rights under the California Consumer Privacy Act of 2018 (“CCPA”). You have the right to request that we disclose what personal information we collect, use, disclose, and sell. Contact us to exercise your right to know. You have the right to request deletion of your personal information we collect and maintain. You can exercise this right by deleting your account in your account Settings. In case you delete your account we will only retain information regarding your purchases and payments to comply with our legal obligations. We will verify requests to exercise your California Privacy Rights requiring you to log into your DBH account. You have the right not to be discriminated against by us for exercising any of your rights under the CCPA. We also retain the right to refuse member accounts, services, purchases at our sole discretion.
We disclose your personal information to third parties for the commercial purpose of providing you interest-based advertising. You have the right to opt out of the sale of your personal information by declining our cookies or by deleting all cookies stored in your browser and setting up your browser to block cookies being saved.
9. Contact information
Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. Claims deemed an error on our part are covered at our expense.
If you or your customers notice an issue on the products or anything else on the order, please submit a problem report via the customer service contact form found on this website.
The return address is set by default to the facility of origin. When we receive a returned shipment, an email notification will be sent to you. Unclaimed returns get donated to charity after 4 weeks. If facility of origin isn't used as the return address, you would become liable for any returned shipments you receive.
Wrong Address - If you or your end customer provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).
Unclaimed - Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment to yourself or your end customer (if and as applicable).
If you haven't registered an account and added a billing method, you hereby agree that any returned orders due to the wrong shipping address or a failure to claim the shipment won’t be available for reshipping and will be donated to charity at your cost (without us issuing a refund).
DBH does not accept returns of sealed goods, such as but not limited to face masks, which are not suitable for return due to health or hygiene reasons. You hereby agree that any returned orders with face masks won’t be available for reshipping and will be disposed of.
Returned by Customer - It is best to advise your end customers to contact you before returning any products. We do not refund orders for buyer’s remorse. Returns for products, face masks, as well as size exchanges are to be offered at your expense and discretion. If you choose to accept returns or offer size exchanges to you or your end customers, you would need to place a new order at your expense for a face mask or a product in another size.
Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:
1. the supply of goods that are made to the consumer's specifications or are clearly personalized;
2. sealed goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons,
therefore DBH reserves rights to refuse returns at its sole discretion.
This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
For more info on returns, please read our FAQs.
Acceptable Content Guidelines
Ecommerce is a global connector that bridges merchants with customers all over the world. DBH is proud to empower anyone with designs and the drive to launch an online business, wherever they're located.
We want submitted content to be respectful of others and of the law, so keep that in mind before you hit the launch button on your store. Content that is hateful, illegal, and/or that violates intellectual property rights may be reviewed and removed at any time.
Intellectual Property Rights
DBH respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the content you submit to DBH, or have the rights to use, display, and resell it. Content must comply with right of publicity, trademark, and copyright laws.
We will remove content that depicts child pornography. Obscene content, or content that depicts, promotes, or praises crimes, illegal or otherwise harmful activities, terrorism and/or individuals, groups or organizations promoting any of the aforementioned also will not be tolerated. You also must follow your local laws and those of the regions you're shipping orders to. It's your responsibility to understand what you legally can and can't create for your store.
Officially registered legal defense funds that would like to use DBH’s services should reach out to email@example.com.
DBH is proud to serve customers from around the world. We value tolerance, understanding, and respect. We don't tolerate content that expresses hatred towards or attacks on any person, group and/or their protected characteristics (such as but not limited to age, race, ethnicity, gender, gender identity, sexual orientation, religion, or disability). You cannot upload this sort of hateful content on our site—it's just not in the spirit of DBH.
Also, if we believe that your content falls into any of the below mentioned categories we reserve the right to block it:
Content that promotes and praises individuals, groups or organizations that promote hate, or are involved in intentionally harmful activities.
Content that promotes support for crimes associated with hate, violence, discrimination, or intolerance.
Content that promotes harmful misinformation that is known to or may reasonably lead to violence or threats to the health and safety of the public.
Content that depicts violent events would be evaluated on an educational or artistic expression basis; it should not be used to promote, glorify, or trivialize violent acts.
A Few More Notes
Your content is yours – DBH won't use it in our advertising or as promotional material without your permission. All content is subject to review and we reserve the right to remove it at any time and for any reason. Each case is evaluated individually.
It's your responsibility as a store owner to follow our content guidelines – review our Terms of Service if you want to learn more details. By submitting content to DBH, you accept that it complies with both our guidelines and Terms of Service.
This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
Data Processing Terms
These Data Processing Terms ("Terms") form part of the Terms of Service between DONBHATN LLC (“DBH”) and its aﬃliated companies and subsidiaries ("DBH") and Merchants (“Users”) regarding DBH’s services. These Terms are binding between DBH and Merchants and constitute a data processing agreement. If there is a conflict between these Terms and the Agreement, these Terms will govern. If you do not agree to these Terms, do not use the Service.
Capitalized terms not otherwise deﬁned herein shall have the same meaning as set forth in the Agreement.
"Agreement" means the Terms of Service entered into by DBH and the User regarding the use of DBH's Service.
"Merchant" and/or “User” means any person, be it legal entity or natural person, that uses the Service to execute orders and/ or deliver its products to recipients, including the Merchant's customers.
"Parties" means DBH and the Merchant.
“Personal Data” means Personal Data that is subject to the legislation implementing it’s use.
"Service" means services oﬀered by DBH to Users including for personal use as well as branding, design, merchandising, and other services that DBH may provide in accordance with the requirements of the Users.
2. Subject of the Terms
These Terms govern the relationship between DBH and the User in respect of any processing of Personal Data by DBH on behalf of the User.
To the extent that DBH Processes Personal Data on behalf of the User, the User is the Controller and DBH is the Processor, only processing this Personal Data on behalf of the User.
The User hereby appoints and instructs DBH to process the Personal Data as prescribed by these Terms, including with regard to the transfer of Personal Data to a Third Country or international organization.
3. Details of Processing
3.1 To the extent that DBH Processes Personal Data on behalf of the Merchant, the following Processing details apply:
Categories of Data Subjects. Merchant’s customers (end users of DBH’s Services) and Merchant's potential customers or other end users of DBH's Services, whose personal data the User has authorized DBH to Process.
Type of Personal Data. Personal Data relating to the Merchant's customers and any Personal Data in the Merchant’s printing content (where applicable) and Personal Data revealed during the use of any DBH Services, including name, email address, phone number, shipping address and other information about the Merchant's customers.
Nature and purpose of processing. DBH processes Data in accordance with these Terms in order to provide the Merchant with the Service and otherwise ensure fulﬁlment of the obligations set out in the Agreement between the User and DBH to the extent this involves the processing of Personal Data. DBH only has access to the Personal Data that has been provided by the User and uses such Personal Data in accordance with the User's instructions as set out in these Terms.
Duration of processing. Data will be processed for the duration of the Agreement.
3. Details of Processing
3.1 To the extent that DBH Processes Personal Data on behalf of the User, the following Processing details apply:
Categories of Data Subjects. Merchant’s customers (end users of DBH’s Services) and Merchant's potential customers or other end users of DBH's Services, whose personal data Merchant has authorized DBH to Process.
Type of Personal Data. Personal Data relating to the Merchant's customers and any Personal Data in the Merchant’s printing content (where applicable) and Personal Data revealed during the use of any DBH Services, including name, email address, phone number, shipping address and other information about the Merchant's customers.
Nature and purpose of processing. DBH processes Data in accordance with these Terms in order to provide the Merchant with the Service and otherwise ensure fulﬁlment of the obligations set out in the Agreement between the Merchant and DBH to the extent this involves the processing of Personal Data. DBH only has access to the Personal Data that has been provided by the Merchant and uses such Personal Data in accordance with the Merchant's instructions as set out in these Terms.
Duration of processing. Data will be processed for the duration of the Agreement.
4. Obligations of the Merchant or (“User”)
The Merchant warrants that it has complied and continues to comply with the Data Protection Laws, including those as set out in Clause 4(b).
The Merchant conﬁrms that the Personal Data transferred to DBH has been collected by the Merchant on a valid lawful basis and Merchant has obtained any necessary consents or given any necessary notices as prescribed by the Data Protection Laws, and that the Merchant is entitled to provide the Personal Data to DBH.
The Merchant conﬁrms that these Terms contain suﬃcient instructions to DBH regarding the processing of Personal Data, as well as the scope and purposes thereof.
If reasonably necessary, the Merchant may provide DBH with additional instructions regarding the processing of Personal Data other than those prescribed by these Terms. Such additional instructions must be reasonable for DBH to carry out, properly documented and in compliance with the Data Protection Laws and must also be accepted by DBH.
The Merchant shall be responsible for the accuracy of the Personal Data and keeping it up to date and shall inform DBH in case of any changes in the Personal Data.
DBH shall not be liable for any claims or complaints from Data Subjects regarding any action taken by DBH as a result of acting in accordance with instructions received from the Merchant. Further, the Merchant agrees that it will indemnify and hold harmless DBH on demand from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by DBH arising directly or indirectly from a breach of this Clause 4.
5. Obligations of DBH
DBH shall only process the Personal Data on behalf of the Merchant and shall always follow the Merchant's instructions prescribed by these Terms, or as otherwise provided to DBH in writing in accordance with Clause 4(e); if DBH cannot provide such compliance for whatever reason (including if the instruction violates the Data Protection Laws), it agrees to inform the Merchant of its inability to comply as soon as reasonably practicable.
DBH has implemented appropriate technical and organizational measures specified in Schedule 1 (Technical and Organization Security Measures) of these Terms and shall continue to comply with them during the term of these Terms and the Agreement.
DBH monitors and ensures that all of DBH's authorized personnel involved in the Processing of Data under these Terms have committed themselves to conﬁdentiality obligations or are under an appropriate statutory obligation of confidentiality.
Further obligations of DBH are set out in Clauses 6 to 9.
6. Assistance to the Merchant or (“User”)
Considering the nature of the processing, DBH will provide all reasonable assistance to the Merchant with the provision of technical or organizational measures, insofar as possible, for the fulﬁlment of the Merchant's obligations as the Controller in relation to:
Any requests from the Data Subjects in respect of access to, or rectiﬁcation, erasure, restriction, portability, blocking or deletion of their Personal Data that DBH processes on behalf of the Merchant. In the event that a Data Subject sends such a request directly to DBH, DBH will promptly forward such request to the Merchant;
The investigation of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Personal Data belonging to the Merchant or any accidental or unauthorized access or any other event affecting the integrity, availability or confidentiality of the Personal Data belonging to the Merchant (a “Data Breach”) and the notiﬁcation to the relevant Supervisory Authority and Data Subjects regarding such Data Breach (where required); further, DBH shall promptly notify the Merchant of any Data Breach; and
Where appropriate, the preparation of data protection impact assessments and, where necessary, carrying out consultations with any Supervisory Authority.
7. Sub-processors and Data Transfer
For DBH to be able to meet its obligations prescribed by the Agreement and to administer and provide the Service, the Merchant hereby grants DBH general written authorization to engage sub-processors. Merchant can obtain the list of current sub-processors engaged by DBH by entering the registered account email address in the section below. The list will include the identities of sub-processors, provided services and country of location.
Merchant will be notified about the appointment or any intended changes concerning the addition or replacement of DBH's sub-processors in this section of DBH's website. This notification will appear 10 (ten) days prior to the engagement of the sub-processor. During this period the Merchant can object to the appointment or replacement of the sub-processor by sending a written notice to https://www.dontbehating.me/contact, providing reasonable grounds for objection (for example, in case of possible infringement of Data Protection Laws). If Merchant does not object, DBH may proceed with the appointment or replacement.
DBH hereby conﬁrms that its sub-processors are contractually or otherwise in a binding form required to comply with data processing obligations which are no less onerous on the relevant sub-processor than the obligations on DBH as prescribed by these Terms.
Where DBH processes, accesses, and/or stores Personal Data in any Third Country, DBH shall:
comply with the data importer’s obligations set out in the Model Clauses, which are hereby incorporated into and form part of these Terms with the processing details set out in Clause 3 (Details of Processing) and the technical and organizational security measures set out in Schedule 1 (Technical and Organizational Security Measures) applying for the purposes of Appendix 1 and Appendix 2, respectively, of the Model Clauses, and the Merchant will comply with the Data Exporter’s obligations in the Model Clauses; and
The Merchant acknowledges and agrees that DBH may appoint an affiliate or third-party subcontractor to Process the Merchant’s Personal Data in a Third Country, provided that it ensures that such Processing takes place in accordance with the requirements of the Data Protection Laws. The Parties agree that Personal Data may be transferred to an affiliate or third-party subcontractor that is certified to process such data under the Privacy Shield Program. Alternatively, the Merchant grants DBH a mandate to execute the Model Clauses with the processing details set out in Clause 3 (Details of Processing) and the technical and organizational security measures set out in Schedule 1 (Technical and Organizational Security Measures) applying for the purposes of Appendix 1 and Appendix 2, respectively, of the Model Clauses, with any relevant subcontractor or affiliates it appoints on behalf of the Merchant.
Upon the Merchant's written request, DBH shall provide suﬃcient information to demonstrate compliance with the obligations laid down in these Terms and Data Protection Laws. This information shall be provided to the extent that such information is within DBH's control and DBH is not precluded from disclosing it by applicable law, a duty of conﬁdentiality, or any other obligation owed to a third party.
If information provided upon the Merchant's request in the Merchant's reasonable judgement is not suﬃcient to conﬁrm DBH's compliance with these Terms, then DBH agrees to allow for and contribute to data processing audits.
Such audits are allowed to be carried out by an independent third party with good market reputation, provided that it has suﬃcient experience and competence to carry out data processing audits, and election of such auditor must be mutually agreed by both the Merchant and DBH.
The timing and other practicalities related to any such audit or inspection are determined by DBH, and any such information and assistance are provided only at the expense of the Merchant. DBH reserves the right to charge the Merchant for any additional work or other costs incurred in connection with such audits. The Merchant may request such audit no more than once every 2 years.
The auditor will have to sign a conﬁdentiality agreement, which includes an obligation not to disclose business information in its audit report, and the ﬁnal report will also have to be provided to DBH.
9. Return and deletion of Data
At the choice of the User, DBH will delete or return all Personal Data to the Merchant after the end of the Agreement, and shall delete existing copies, unless an applicable law requires DBH to store such Personal Data.
10. Governing Law
These Terms are governed by the laws of the Constitutional Republic of the United States of America and are subject to the dispute resolution procedure as prescribed by the Agreement.
DBH reserves the right, at its discretion, to modify these Terms. In case of material changes, DBH will notify the Users in writing, giving the Merchant or User the right to terminate the Agreement.
1. What are cookies?
Cookies are small text files created by the website, downloaded to and stored on any internet enabled device—such as your computer, smartphone or tablet—when you visit our homepage. The browser you're on uses the cookies to forward information back to the website at each subsequent visit for the website to recognize the user and to remember the user’s choices (for example, login information, language preferences and other settings). This can make your next visit easier and the site more useful to you.
2. What types of cookies do we use and for what purposes do we use them?
We use different types of cookies to run our website. The cookies indicated below may be stored in your browser.
Mandatory and performance cookies. These cookies are necessary for the website to function and will be placed on your device once you access the website. Most of these cookies are set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. These cookies provide a convenient and complete use of our website, and they help users efficiently use the website and make it personalized. These cookies identify the user’s device insofar, so we would be able to see how many times our website is visited, but do not collect any additional personally identifiable information. You can set your browser to block or alert you about these cookies, but some parts of the site will then not work. These cookies do not store any personally identifiable information and are stored on the user’s device until the end of session or permanently.
Analytical cookies. These cookies collect information about how users interact with our website, for example, to determine which sections are most frequently visited and which services are most often used. The collected information is used for analytical purposes to understand the interests of our users and how to make the webpage more user friendly. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance. For analytical purposes, we may use third-party cookies. These cookies are stored on the user’s device for as long as set by the third-party cookie provider (ranging from 1 day to permanently).
Marketing and targeting cookies. These cookies collect information about how users interact with our website, for example, to determine which sections are most frequently visited and which services are most often used. Before you agree to the use of all cookies, DBH will only collect anonymous data regarding the access of DBH's website. The collected information is used for analytical purposes to understand the interests of our users and how to make the webpage more user friendly. For analytical purposes, we may use third-party cookies. These cookies are stored permanently on the user’s device.
For example, we may use Google Analytics cookies to help measure how users interact with our website content. These cookies collect information about your interaction with the website, such as unique visits, returning visits, length of the session, actions carried in the webpage, and others.
We may also use Facebook pixels to process information about user’s actions on our website such as visited webpage, user’s Facebook ID, browser data, and others. The information processed from Facebook pixels are used to display you interest-based ads when you are using Facebook as well as to measure cross-device conversions and learn about users’ interactions with our webpage.
Creative Services Terms of Service
The following terms and conditions (the “Agreement”) govern all use of DBH's creative services, such as (but not limited to), creating print-ready files, adjusting files, color matching existing print files, redesigning existing logos, creating new graphics, performing photo or video shoots, and processing the resulting visual files, as well as doing other artistic work (the “Service”) offered on the www.dontbehating.me website (the "Site"). The result of the Service is a design, photo, or video material in a digital file format (the “File”). The Service is owned and operated by DONBHATN LLC (“DBH” or “our” or “us”).
1. General provisions of the Service
1.1. DBH and the User agree on providing and using the Service according to the terms and provisions based on the interests and specifications of each User individually. Interests and specifications may relate to (but are not limited to) the format of the File, the difficulty of the Service and timing, and the resulting fees and costs applicable to the Service.
1.2. To use the Service, the User should provide DBH with a description of their needs and reference images and/or sketches of the intended photo, video material, or design according to which DBH should create the File. The description or visual references of the intended photo, video material or design can't contain discriminatory, abusive, disruptive, etc. content or content that infringes third party rights (see our Acceptable Content Guidelines). The User agrees to use images or other materials not created or owned by the User for inspiration only and to inform DBH about such use accordingly. DBH will use reasonable efforts to create the File according to the description, visual appearance, style, notion and/or feel of the reference images or other materials provided to DBH.
1.3. In case the Service is aimed to provide the User with a graphic design, DBH undertakes to create a design draft that will be submitted to the User for a review. The User can ask DBH to make minor improvements or changes in the design draft submitted. DBH will use reasonable efforts to consider or attempt to make those improvements or changes, and as a result of the Service, will deliver the File.
1.4. In case the Service is aimed at providing the User with a photo of the product with User created and/or licensed content printed on it (“product samples”), the User can ask for the manufacturing of product samples. The User will be charged for the product samples according to the prices available on the Site at the moment of ordering product samples. Product samples will be discarded or donated to charity at DBH’s discretion after a period of one month when the File is delivered to the User. The User can ask for the product samples after the Service is carried out if the User pays for the costs of shipping the product samples to the location indicated by the User. You hereby agree to waive your right to collect royalties or other fees regarding the product samples that are donated or discarded.
1.5. The File and its intellectual property rights belong to the User except for the Files that are not based on the User's interests and specifications (i.e., photo or video of manufacturing blank items, etc.).
1.6. The User agrees to provide DBH access to their account if such access is required to fulfill the User's request.
2. Terms of payment and refunds
Payment for the Service is based on the specifications and interests of each User individually and is subject to change if the specifications or interests are altered. In some cases, when the creation of a photo or video material is requested by the User, the payment can consist of a fee for the Service itself, and of product samples used in order to provide the Service. If not stated otherwise, all payments to DBH shall be in U.S. Dollars.
Unless DBH and the User agree otherwise, DBH should carry out the Service when the User has accepted the payment request in their DBH account, and the charge for the service has been successful. The User shall be responsible for paying all sales taxes, VAT, GST, and other taxes and duties associated with the Service (if and as applicable).
If the User has ordered a Service and DBH has begun working on it, no refunds will be given, except in cases when there has been miscommunication from DBH's side regarding the visual outcome of the Service or when DBH denies to carry out the Service according to the User's description or visual references due to copyright issues. In this case the funds should be refunded to the User’s DBH account or according to the payment method used.
In case there is a possible defect or DBH believes that by continuing the Service there might be an infringement of third-party rights, in particular, intellectual property rights' infringement, the Service is put on hold and DBH agrees with the User how the Service could be continued.
3. Intellectual property rights
The User is responsible for submitting copyright-free and original materials, reference images or description. You acknowledge and understand that you will carry full liability in the case that materials, reference images, or description of a design provided by You infringe the rights of a third party.
The File created by DBH through the Service and delivered to the User shall be deemed to be a “work made for hire” explicitly ordered or commissioned by the User within the meaning of copyright laws of the U.S. or any similar or analogous law or statute of any other jurisdiction, and the User shall be deemed to be the sole and exclusive author of the File for all purposes and shall own all right, title, and interest in and to the File. The only exception to this provision is the ownership of the Files that are not based on the User's interests and specifications (i.e., photo or video of manufacturing blank items). For such Files, DBH grants you a revocable, limited, royalty-free license for an indefinite period of time to use, process and customize the Files in order to promote the sale of the User's products manufactured by DBH.
If the File can't be deemed to be a “work made for hire” within the meaning of copyright laws of the U.S. or any similar or analogous law or statute of any other jurisdiction as described above, it will be considered that the File and its exclusive rights have been transferred by this Agreement into the ownership of the User without performing separate legal actions.
4. Delivery of designs and Files
In case the Service is aimed at providing the User with a graphic design, DBH submits the draft design to the User to review. The User has the right to ask DBH to make minor improvements or changes as agreed in the individual specification of the Service in the submitted design draft before the File is finally delivered to the User. DBH will use reasonable efforts to consider or attempt to make the improvements or changes requested by the User, and as a result of the Service will deliver the File. The User owns the right to complain about design draft received in the format of the File and DBH shall undertake making the necessary changes and/or improvements, depending on the revision count agreed beforehand between the User and DBH.
Any improvements or changes that are requested and require additional effort and work from DBH such as (but not limited to) changing the idea or appearance of the design, adding additional elements not communicated to DBH before starting the Service, making more improvements or changes than agreed beforehand, etc. will result in additional costs to the User. Such additional costs amount to 20% of the Service costs.
DBH will bear all associated costs if there is a need to improve or change the File due to the Service not being carried out properly from DBH's side. The User's only remedy in such cases is an improved or changed File.
All Files made as a result of the Service should be uploaded to the User’s by default in the agreed format. DBH is not responsible for lost files of or by the User, the loss of files may result in the files recreation at the User’s expense. For certain types of Service, for (i.e., photography and/or video), the delivery of Files could be passed through cloud-based file sharing links.
DBH provides the File to the User no later than on the date agreed after the User has made the payment, unless DBH lacks information regarding the specifications or performance of the Service or finds a possible defect in the description or visual references or indications of third-party rights infringement.
In case of a possible defect or DBH believes that by continuing the Service there might be an infringement of third-party rights, in particular intellectual property rights' infringement, the Service is put on hold and DBH agrees with the User how the Service should be continued.
In case the User doesn't respond to DBH about necessary improvements within a one-month period from the date when the design draft has been submitted for the User to review, it's considered that the Service has been accepted by the User and DBH should provide the User with the File it has, regardless of whether the User had confirmed it or not.
DBH should preserve the File for a minimum of 30 days starting the day it has been provided to the User.
The User indemnifies and holds DBH harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's breach of this Agreement, use (or misuse) of the Service or violation of any law or the rights of a third party.
7. Law and Jurisdiction
If a dispute arises between the User and DBH, the User is encouraged to first contact DBH directly to seek a resolution. DBH will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any dispute or claim arising out of or in connection with this Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of Florida.
DBH reserves the right, at its discretion, to modify this Agreement at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User's acceptance of the changes in the terms and conditions.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to the User. Headings are for reference purposes only and do not limit the scope or extent of such section. DBH's failure to act with respect to a breach by the User or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.