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Terms of Use

About Our Terms of Use

d-brand inc. (“d-brand", “we", “us", “our") welcomes you to our website. The following terms (“Terms of Use") govern your access and use of our website (the “Website"), available at www.dbrand.com. Please review these Terms of Use carefully. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of the Terms of Use may be downloaded, saved and printed for your reference.

d-brand reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. From time to time, d-brand may also amend these Terms of Use by posting revisions on the Website with no additional notice to you. Please check back frequently to see the Terms of Use then in effect. Your continued access to and use of the Website will constitute acceptance of the amended Terms of Use. If you do not agree with these Terms of Use, or any future amendments, your sole recourse is to cease use of the Website.

Ownership / Restrictions on Use

The Website is owned and operated by d-brand. All text, data, graphics, photographs, images, audio, video, trade-marks, service marks, trade-names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available on the Website or available via a link from the Website to a page created by d-brand on another website (collectively, the "Content"), are the sole property of d-brand and/or its licensors. All Content is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.

Use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited. You may download or print one copy of the Content to any single computer for your personal, non-commercial, informational use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of d-brand. To obtain written consent for such reproduction, please contact us at: [email protected].

Registration and Passwords

To place an order on the Website or to sign up to receive emails from us, you may be asked to complete an online registration form. In consideration of your use of the Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes. As part of the registration process, you may choose a password and user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify d-brand of any unauthorized use of your password or user name or any other breach of security.

Links to Third-Party Websites

We may offer links on the Website to websites, including social networking websites, owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites may be governed by terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites. We may also offer links to Content created by d-brand and available on other websites. If you link to that Content you are responsible for ensuring that you comply with the terms of use applicable to those websites while you are visiting them.

No Warranties

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.

Accordingly, your use of the website is at your own risk. All content included on or available through the website is provided to you on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. We do not warrant that the content is accurate, reliable or correct, that this site will be available at any particular time or location, that your access to the website will be uninterrupted, that any defects or errors will be corrected, that the content is free of viruses or other harmful components, or that the content is timely, secure or error-free.

To the maximum extent permitted by law, d-brand disclaims all warranties, including any warranties of merchantability, non-infringement and fitness for a particular purpose. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Products displayed on the website may not be available at all times and products and prices may be changed, and products may be substituted or discontinued at any time. While we attempt to provide an accurate description of items available for purchase on the site, we do not warrant the accuracy, completeness, reliability or currency of such descriptions.

All other terms and conditions governing the purchase of any product on the website are available at the time of purchase in the terms of sale

Limitations of Liability

Under no circumstances will d-brand be liable for any loss, injury, claim, liability or damage of any kind resulting from your use of, or inability to use, the website, any content or products sold. To the maximum extent permitted by applicable law, d-brand disclaims all responsibility for any loss, injury, claim, liability or damage of any kind, including direct, indirect, incidental, special, consequential or punitive damages of any kind (including, without limitation, attorneys' fees and other legal expenses) resulting from, arising out of or in any way related to your use of the website, the content or the products sold. Some jurisdictions do not allow exclusion or limitation of certain damages. Accordingly, the exclusions and/or limitations above may not apply to you.

Indemnification

By using the Website, you agree to defend, indemnify and hold harmless d-brand, its licensors and partners and their respective employees, officers, directors, or agents from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.

Privacy

d-brand respects your right to privacy of your personal information. Please review our website privacy policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

Trade-Marks

d-brand, the dbrand logo and the WE ARE THE BOSS OF VINYL SKINS slogan are trade-marks of d-brand. Other marks, graphics, typefaces, trade-marks and logos appearing on the Website are trade-marks or trade dress of d-brand, its licensors or the respective owners of such intellectual property. Such trade-marks and trade dress may not be used in any manner for any purpose without the express consent of the owner of such trade-marks and trade dress.

Choice of Law and Forum

These Terms of Use are governed by and will be interpreted in accordance with the laws of the province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms of Use may be brought in the courts located in the city of Toronto in the province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Use and waive any objections and defenses inconsistent with such venue. By using this Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

General

These Terms of Use constitute the entire agreement between you and d-brand with respect to your use of the Website. For clarity, the terms and conditions governing the purchase of any product are governed by the Terms of Sale. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Use, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the indemnification and limitation of liability provisions.

Notice

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

Last Update: March 30, 2012