Your use of dimshome.com (the “Site”), including the purchase of any products, is subject to the following terms and conditions (the “Terms”). By using the Site, you agree to the Terms.
Electronic communication. By visiting the Site or sending us emails, you are communicating with us electronically and in doing so, you are consenting to receive electronic communications from us. We may email you or post notices on the Site to satisfy any agreements, notices, disclosures and other communications that may be required to be delivered in writing.
Copyright. All content on the Site, such as text, illustrations, graphics, photos, logos, icons, images, audio and video clips, designs and photographs, is the property of us or our licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is our exclusive property and protected by United States and international copyright laws.
Trademarks. All trademarks, trade dress, service marks and trade names (collectively, the “Marks”) are proprietary to us, or the other respective owners of the Marks. The Marks may not be used, displayed or reproduced in any manner without our prior written consent.
License and Site Access. We grant you a limited license to access to the Site for personal and non-commercial use, subject to your compliance with the Terms. This limited license does not allow you to: (i) resell or make any commercial use of the Site or any of the contents of the Site; (ii) make any derivative use of the Site or its contents; (iii) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Site not intended to be so read, including using or directly viewing the underlying HTML or other code from the Site except as displayed in a web browser; (iv) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Site in any form or by any means; (v) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site; (vi) use the Marks without our express written consent; or (vii) use any meta tags or any other “hidden text” utilizing our name or the Marks without our express written consent. All rights not expressly granted to you in the Terms are reserved and retained by us or our licensors, suppliers, rightsholders or other content providers.
Accounts. You represent and warrant that the information you provide to the Site will be true, accurate, current and complete. We may allow users to create an account to facilitate future purchases on the Site. Users do not need to create an account, but if you do, you may not share account information with, or allow access to your account by, a third party. You agree to use reasonable efforts to prevent any unauthorized use of your account on the Site, restrict access to your computer and mobile devices, and keep your username and password confidential.
If you believe your account has been compromised, you agree to immediately notify us at email@example.com. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.
Prices and Payments. The displayed prices of products for sale on the Site do not include taxes or shipping fees. Any applicable taxes or shipping fees will be shown to you before you confirm your purchase. The Site uses third parties to process payments through various debit and credit cards, including Visa, MasterCard, American Express and Discover. All transactions on the Site are in U.S. dollars.
Risk of Loss. All items purchased on the Site are made pursuant to a shipment contract, which means the risk of loss and title for your purchased items pass to you upon our delivery to the carrier.
Content Accuracy. We strive to describe products as accurately as possible, including product images. However, we do not warrant that product descriptions or other content is error-free, and if you receive a product that is not as described, your sole remedy is to return it within the allowed timeframe.
Limitation on Liability. The information, content, materials, products and other services otherwise made available to you through the Site are provided on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the Site, or the information, content, materials, products or other services made through the Site, unless otherwise specified in writing. You expressly agree that your use of the Site is at your sole risk.
You expressly understand and agree that, to the fullest extent permitted by law, the released parties will not be liable to you for any damages resulting from: (i) the use or inability to use the Site; (ii) the cost of procurement of substituted goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) your reliance on content made available by us; or (v) any other matter relating to the Site. To the fullest extent permitted by law, the released parties’ maximum liability arising out of or in connection with the Site or your use of the Site’s content, regardless of the cause of action, will not exceed $100.
Digital Millennium Copyright Act. If you believe that any materials posted on the Site infringe your copyright, you may send a notice to firstname.lastname@example.org with “Notification of DMCA Infringement” in the subject line.
The notice must include:
- A physical or electronic signature of a person authorized to act on the behalf of the works that have been allegedly infringed
- Identification of the copyrighted work alleged to have been infringed
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site
- Your name, address, telephone number and e-mail address
- A statement that you have a good faith belief that the use of the material in the manner stated is not authorized by the copyright owner, its agent or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner or authorized to act on their behalf
Disputes. Any dispute or claim relating to the Terms, the Site, or to any products or services sold on the Site will be resolved by binding arbitration, rather than in court. In an arbitration, the arbitrator can award the same damages and relief as a court, but there is no judge or jury in an arbitration, and court review of the arbitration award is limited. You understand and agree that, by entering into these terms, you and we are each waiving the right to a trial by jury or to participate in a class action. We each agree that any dispute resolution proceedings will be conducted on an individual basis. Arbitration will be governed by the Federal Arbitration Act and federal arbitration law.
To begin an arbitration proceeding, you must send us an email at email@example.com with the word “Arbitration” in the subject line. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules.
Venue. These terms will be governed by the laws of the State of California. If a lawsuit or court proceeding is permitted under these Terms, you and we agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Los Angeles, California.
Waiver. Any failure by any party to partially or fully exercise their rights shall not prevent such party’s subsequent exercise of such right. Any waiver of breach of the Terms by any party shall not be deemed a waiver by such party of any subsequent breach of the Terms.
Severability. If any of the Terms are deemed invalid, void or unenforceable, then such term will be severed and will not affect the validity or enforceability of the remaining Terms.
Termination. Notwithstanding any of the Terms, we reserve the right to terminate your license to use the Site in our sole discretion. Upon termination, the Terms will still apply.
Right to Update Terms. We reserve the right to update the Terms from time to time to ensure compliance with applicable laws. Your use of the Site constitutes your acceptance of the Terms.
Entire Agreement. The Terms constitute the entire agreement between you and us with respect to the Site and supersede any prior agreements, communications and proposals. Any rights not expressly granted herein are reserved.