ABCE

In order to enjoy all of Dirty Diana's benefits, 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 first name, last name, email address and password. You may never use another user's Dirty Diana 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 Dirty Diana immediately of any breach of security or unauthorized use of your account. Although Dirty Diana will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of Dirty Diana and others due to such unauthorized use.

Dirty Diana 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 Dirty Diana has already confirmed. Dirty Diana 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 Dirty Diana that you are at least 18 years of age, however, if you are an individual residing in Japan, you certify to Dirty Diana 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 for European Economic Area Users which Dirty Diana has already confirmed Dirty Diana 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 Dirty Diana 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 Dirty Diana 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 Dirty Diana a written notification, including via email (and your Dirty Diana 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, shop 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 Dirty Diana. 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 Dirty Diana.

B. Permission to Use the Content. Dirty Diana 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 Dirty Diana . By posting your Content with or in Dirty Diana products, you grant Dirty Diana 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 Dirty Diana, or the Services in general, in any formats and through any channels, including across any Dirty Diana 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. Dirty Diana 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. Dirty Diana respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of us and others. You need to either own the Content you post online, or have the express authority to post it, including designs by Dirty Diana. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state and federal laws.

F. Inappropriate, False, or Misleading Content. 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 while wearing or posting our products. 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.

Does not apply to Users residing in the European Economic Area.

A. Limited Warranty. We warrant that, at the time of delivery of a Product to a Customer, the Product will not be materially defective or damaged (the “Limited Warranty”).

B. Who May Use This Warranty? Dirty Diana extends the Limited Warranty only to Customers. All Limited Warranty coverage terminates if the Customer sells or otherwise transfers a Product.

C. 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.

A. What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Dirty Diana acknowledges that according to some jurisdictions the Customer may be entitled to a longer Warranty Period.

B. 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 Customer along with the shipping fees corresponding to the defective or damaged Products.

C. How Do You Obtain Warranty Service? Promptly following delivery of a Product, the Customer will inspect the Product. If a Product is materially defective (including any error by Dirty Diana 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 on our FAQ page. The Customer should contact us regarding any defective or damaged Product and with respect to any delivery of the wrong Product.

D. LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 4 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.

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 Dirty Diana, as well as any costs related to the delivery to you of the repaired or replaced product.

Violation of this Agreement or any other rules will result in the termination of your Dirty Diana account (if you created one).

Dirty Diana 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, Dirty Diana 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 Dirty Diana or submitted to Dirty Diana, including without limitation information in Dirty Diana collaborations, posts and in all other parts of the Dirty Diana 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 Dirty Diana 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 Dirty Diana with inaccurate or false information, (a) you shall be liable to Dirty Diana 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 Dirty Diana, and (c) Dirty Diana 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.

You may choose to save your billing information to use it for all future orders and charges associated with Dirty Diana 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 Dirty Diana for damages resulting from such unauthorized use.

With regard to payment methods, you represent to Dirty Diana 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 the Customer makes any return which does not comply with our return policies (which are described on our FAQ page), you will reimburse Dirty Diana for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 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.

Dirty Diana 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 Dirty Diana may use or participate in.

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 the Customer upon our delivery to the carrier. It shall be the Customer's responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Dirty Diana 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, the Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with Dirty Diana's Return Policy (located on the FAQ page). 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 Dirty Diana investigation and sole discretion.

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. Rest assured we won’t knowingly ship damaged items to our Customers, but these damaged items can still be used for charitable purposes. Dirty Diana 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.

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. Dirty Diana 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 Dirty Diana.

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 Dirty Diana 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 Dirty Diana 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 Dirty Diana (or for which Dirty Diana provides no guarantees) under this Agreement, or (b) for which Dirty Diana is otherwise indemnified or released by you under this Agreement.

To the fullest extent permitted by law you will defend, indemnify, and hold Dirty Diana and the other Dirty Diana Parties harmless from any claim or demand made by any third party (including, but not limited to, you, the 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 Dirty Diana 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, including claims for misrepresentations the Customer and claims for physical injury or property damage by any of your products or items that are warehoused by Dirty Diana. 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.

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 Georgia, 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 an 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 an 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 consumer center in your countryprovided by the European Commission.

“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 Dirty Diana 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 Dirty Diana and the Customer agree otherwise, any arbitration hearings will take place in Atlanta, Georgia, except that, for Users, any arbitration hearings will take place in the county of the Customer's 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. The Customer and Dirty Diana 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. The Customer and Dirty Diana 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 (THE CUSTOMER) AND DIRTY DIANA 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 DIRTY DIANA WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 15. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND DIRTY DIANA 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.

The Customer and Dirty Diana 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).

Dirty Diana collects your personal data to provide our Services. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing Site visitor and User personal information. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy.

No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.

Printful will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Dirty Diana’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.

To ensure full customer support and a higher quality of service, Dirty Diana can sign in to customers/users accounts as a customer according to Dirty Diana's Privacy Policy.

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.

Dirty Diana 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/Customer in the European Economic Area and such transfer or assignment may reduce your guarantees under this Agreement, then Dirty Diana will ask for you permission beforehand.

If you have any questions about this Agreement, please email us at hello@dirty-diana.com