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Terms of service and sale


DIARY OF A MADE MAN LLC’S TERMS OF USE AND SALE

EFFECTIVE DATE: AUGUST 29, 2018

AGREEMENT BETWEEN USER AND DIARY OF A MADE MAN, LLC AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “DMM”)

The DMM Website is composed of various web pages operated by DMM. “DMM Website” shall be defined herein to include www.ianbalina.com and all other web pages operated or hosted exclusively by DMM (“Services”).

The DMM Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the DMM Website constitutes your agreement to all such terms, conditions and notices.

MODIFICATION OF THESE TERMS OF USE AND SALE

DMM reserves the right to change the terms, conditions, and notices under which the DMM Website is offered in our sole discretion, including but not limited to the changes associated with the use of the DMM Website. Your continued use of the DMM Website following the posting of revised Terms of Use and Sale means that you accept and agree to the changes.

DMM reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user's confidentiality.

LINKS TO THIRD PARTY SITES

The DMM Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DMM, and DMM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DMM is not responsible for webcasting or any other form of transmission received from any Linked Site. DMM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DMM of the site or any association with its operators.

HYPERLINKS TO THE DMM WEBSITE

You may create text hyperlinks to the DMM Website, provided such links do not, directly or indirectly, (a) portray DMM or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.

PASSWORDS AND ACCOUNT SECURITY

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to DMM for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify DMM immediately at customerservice@ianbalina.com. You agree to not share access to the DMM Website.

TERMS OF SALE

Please read these Terms of Sale carefully as they form the basis of your contract with DMM. This agreement is made at the time of ordering products or services from DMM and becomes legally binding upon your first payment for the products or services. By purchasing products and services from DMM, you signify you have read and accepted these Terms of Sale.

(a) Ordering and Product/Services Policies

You must be 18 years of age or over and possess the legal capacity and authority to purchase products or services from DMM. You may not purchase DMM products or services for any illegal or unauthorized purpose. DMM reserves the right to refuse service to anyone for any reason at any time.

DMM may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that DMM makes a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. DMM reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

Certain products or services may be available exclusively online through the DMM Website. These products or services may have limited quantities and are subject to return or exchange only according to DMM’s Refund Policy.

DMM has made every effort to display as accurately as possible the colors and images of our products that appear on the DMM Website; however, from time to time, the look of the final purchased product may differ from product images shown on the DMM Website. DMM does not guarantee that your computer monitor’s display of any color will be accurate.

DMM reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. DMM may exercise this right on a case-by-case basis. DMM reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or services pricing are subject to change at any time without notice, in the sole discretion of DMM.

DMM reserves the right to discontinue the offering or sale of any product or service at any time. Any offer for purchase of any product or service made to DMM on the DMM Website is void where prohibited.

Prices for DMM products and services are subject to change without notice, in the sole discretion of DMM.

DMM is not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.

(b) Payment and Credit Card Services

You agree to provide current, complete and accurate purchase and account information to DMM for all purchases made at the DMM Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that DMM can complete your transactions and contact you as needed.

You understand that your Submissions (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

(c) Refund Policy

DMM’s refund policy is as follows: for products returned to DMM within thirty (30) days of shipment by DMM to you, and where DMM agrees to provide a refund as per this policy, DMM will provide you a refund of the purchase price of the returned product. Shipping costs of the returned product will not be refunded and are paid for by you. No refunds will be made if a product appears to be damaged or misused by you.

If you would like to return your gear, please contact customerservice@ianbalina.com and provide the following details:

    1. Order # (find this at the top of you order confirmation email)
    2. The specific item(s) you would like to return
    3. Whether you prefer a refund or tell us the product you want to receive in exchange

Diary of a Made Man will issue a return authorization (RA) based on the info you provide. Unfortunately we cannot accept items without an RA or items that are not included in your RA, it just messes up our systems.

Once your returned product is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will be applied to your credit card or original method of payment.

  • Diary of a Made Man cannot exchange full price items if the item was purchased on sale.
  • Note that Diary of a Made Man can only offer exchanges for items of equal value or a combination of lesser value products and a partial refund.
  • At Diary of a Made Man we don’t store your payment information, so we can’t charge your original payment method for a more expensive item.
  • If you received your Diary of a Made Man product as a Gift, we can only do a refund to the original purchaser, but we can do an exchange, or store credit.
  • Diary of a Made Man can only accept returns for items purchased through the site ianbalina.com or directly from us at an event. 
  • Sorry, but Diary of a Made Man cannot refund expedited shipping charges.
  • We can only fulfill an exchange order once the original purchase has been received at our warehouse.
  • Diary of a Made Man cannot process returns from customers that live outside of the United States and all international sales are final.
  • Return processing can take up to 5 business days.
  • Refunds issued to your account can take up to 7 days to post.

(d) Proprietary Rights

The products and services sold by DMM, whether sold through the DMM Website or other sales channel, contain proprietary designs which are the sole property of DMM.  Accordingly, any attempt to reverse engineer, or recreate by other methods, any DMM product or services, is prohibited.

USE OF COMMUNICATION SERVICES

The DMM Website may contain services, such as blog posting or other facilities (collectively, “Communication Services”) designed to enable you to communicate with an individual, the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. To use the Communication Services you represent and warrant that you are at least of 18 years of age.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Advertise or offer to sell or buy any goods or services for any business purpose;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • Interfere with or disrupt the integrity or performance of the Communication Services, any portion or contents thereof, or related systems or networks;
  • Violate any applicable laws or regulations.

DMM has no obligation to monitor the Communication Services. DMM cannot verify the accuracy of statements that users make or place on or through the Communication Services, and does not guarantee that any materials uploaded by users have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. DMM does not control or endorse the content, messages or information found in any Communication Service and, therefore, DMM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the DMM Website, you warrant to DMM that you will not use the DMM Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. Specifically, You are not allowed to (directly or indirectly): (a) resell or otherwise make commercial use of the DMM Website or its contents; (b) collect or use any images, descriptions, or other content included in the DMM Website contents, or any portion thereof; (c) copy, imitate, distribute, publicly perform, or publicly display any DMM Website contents; (d) modify or otherwise make any derivative uses of the DMM Website or its contents, or any portion thereof; (e) use data mining, robots or similar data gathering or extraction methods on the DMM Website; (f) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the DMM Website; (g) introduce into the DMM Website any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (h) remove or alter any proprietary notices or labels on or in the DMM Website; (i) use the DMM Website to directly or indirectly develop any product or service that competes with the DMM Website; (j) download (other than page caching) any portion of the DMM Website or its contents or any information contained therein, except as expressly permitted on the DMM Website; or (k) use the DMM Website or its contents other than for their intended purpose.

You may not use the DMM Website in any manner, which could damage, disable, overburden, or impair the DMM Website or interfere with any other party's use and enjoyment of the DMM Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the DMM Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.

MATERIALS PROVIDED TO DMM OR POSTED TO ANY DMM WEBSITE

DMM does not claim ownership of the materials you provide to DMM (including feedback and suggestions) or post, upload, input or submit to any DMM Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DMM and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with DMM.

No compensation will be paid with respect to the use of your Submission, as provided herein. DMM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DMM’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

TERMINATION/ACCESS RESTRICTION

DMM reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the DMM Website and the related services or any portion thereof at any time, without notice.

COPYRIGHT

All contents of the DMM Website are: Copyright 2018 by Diary Of A Made Man LLC and/or its suppliers. All rights reserved.

TRADEMARKS

All DMM trademarks are strictly owned by DMM, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any DMM trademark without written authorization from DMM.

The names of actual companies and products mentioned within the DMM Website may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

INTERNATIONAL USERS

DMM makes no claims regarding access or use of the Website or DMM content outside of the United States. If you use or access the Website or DMM content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use and Sale.

PRIVACY AND PERSONAL INFORMATION

For information about DMM data protection practices, please read DMM’s Privacy Policy. This policy explains how DMM treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with DMM’s Privacy Policy.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DMM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DMM MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE DMM WEBSITE AT ANY TIME.

DMM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DMM WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DMM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DMM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DMM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE DMM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DMM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DMM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DMM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DMM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DMM WEBSITE.

INDEMNIFICATION

Except as prohibited by law, you will hold DMM and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

PERPETUITY RIGHTS

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and DMM have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

GENERAL LEGAL TERMS

The Terms constitute the whole legal agreement between you and DMM and govern your use of the Services (but excluding any services which DMM may provide to you under a separate written agreement), and completely replace any prior agreements between you and DMM in relation to the Services.

You acknowledge and agree that the form and nature of the Services, which DMM provides, may change from time to time with or without prior notice to you.

As part of DMM’s continuing innovation, you acknowledge and agree that DMM may stop (permanently or temporarily) providing the Services to you or to users generally at DMM’s sole discretion, without prior notice to you. You may stop using the Services at any time.

Unless you have been specifically permitted to do so in a separate agreement with DMM, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that DMM has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DMM may suffer) of any such breach.

You acknowledge and agree that while DMM may not currently have set a fixed limit on the number of transmissions you may send, receive or store/manage through the Services, such fixed limits may be set by DMM at any time, at DMM’s discretion.

You agree that if DMM does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DMM has the benefit of under any applicable law), this will not be taken to be a formal waiver of DMM’s rights and that those rights or remedies will still be available to DMM.

If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or DMM (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the State of California and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of California. The arbitration requirement does not apply to requests for injunctive relief.

The Terms, and your relationship with DMM under the Terms, shall be governed by the laws of the State of Delaware, USA, without regard to conflict of laws provisions. You and DMM agree to submit to the exclusive jurisdiction of the courts located within the State of Delaware to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that DMM shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.

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