The purpose of this privacy policy is to disclose to you what information we may collect, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you have regarding our collection of information and our use and disclosure to other parties of information we may have collected from you.

DFTBA Records, LLC (“DFTBA”) is committed to protecting your privacy. We use the information we collect about you to facilitate commercial transactions and to provide you with a more personalized experience. We have created this privacy policy statement in order to demonstrate our firm commitment to protecting the privacy of all of our customers and visitors. The following Privacy Policy discloses the information-gathering and dissemination practices and policies of DFTBA.

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you online. For some services, we either collect and transfer personal information to a service provider you have selected, or you may visit other merchants through links on our site who may collect and use your personal information. We encourage you to ask questions and to be very cautious before you disclose your personal information to others.

Please read the following to learn more about our data collection policies and practices.

1. Types of Information that may be collected
2. How is information collected?
3. How we use the information we collect
4. With whom the information may be shared
5. What choices do I have about DFTBA collecting, using, and sharing my information?
6. What security precautions are in place to protect against the loss, misuse, or alteration of your information?
7. Chat Rooms, Forums, and Message Boards
8. Links to other Websites
9. A special note for parents concerning privacy
10. Limitation of Liability
11. Notification of changes and acceptance of the Privacy Policy
12. Correcting and updating personal information
13. Whom do I contact with questions or concerns about this privacy policy

Types of information that may be collected:

The personally identifiable information we collect is used to facilitate delivery of products and/or services to our customers. In the process of providing these products and/or services, we require our customers to provide certain personally identifiable information. Specific details may include, but are not limited to, the following and may be subject to change: Shipping and billing addresses, customer emails and -- when applicable -- customer phone numbers.

In the case of contests and promotions: We require all users and/or customers wishing to participate in any of our contests, drawings, and/or promotions to complete a Participant Registration Form. During this registration process we generate and collect certain personally identifiable information, which includes the customer's first name, last name, zip code, phone number, age and email address. Winners of contests, drawings, and/or promotions will be required to provide additional personally identifiable information such as a shipping address and telephone number.

In the case of product and/or service purchases: In order to complete the purchase of a product and/or service, an online credit card transaction is required. Reputable third-party processors (Shopify Payments and Stripe) handle all credit card processing and provide limited data back to DFTBA. That data includes information such as your order number, the last 4 digits of your credit card, the amount of the purchase, whether the purchase was successful, and the date the purchase took place.

If a customer sends us personal correspondence, such as emails or letters, we may collect such information into a file specific to such customer.

How is information collected?

We may collect information from you in several different areas on the Site, including but not limited to those described below:

Registration

You may be asked first to complete a registration form and provide personally identifiable information; you may also be asked to choose a user ID and password in order to take advantage of certain features the Site may choose to offer, including, but not limited to, Newsletters, Contests, Forums, or other subscription based services.

Newsletters and Site Emails

We may offer free newsletters to share information with you about the Site, about us and our affiliates and subsidiaries, or about our business partners and advertisers and sponsors. You may receive a newsletter either by registering for a particular newsletter or in conjunction with a special feature or membership for which you have registered on the Site. When you do register with us or give us personally identifiable information, you will have an opportunity at the time we collect your information to option out and limit e-mail communications from DFTBA. You may cancel your free email subscription at any time by following the instructions provided on the Site or, in some instances, in the designated area of certain newsletters or emails.

Text Message Marketing

The Pizzamas mobile message service (the "Service") is operated by DFTBA Records LLC, (“DFTBA Records”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to the Service, you agree to receive recurring SMS/text messages from and on behalf of Pizzamas through your wireless provider to the mobile number you provided us, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for the Service in order to make any purchases, and your consent is not a condition of any use or purchase with Pizzamas. Your participation in the Service is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Pizzamas or click the unsubscribe link (where available) in any text message to cancel. You may continue to receive SMS/text messages for a short period while we process your request, and you may also receive a one-time opt-out text message confirming the receipt of your opt-out request. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Pizzamas mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Pizzamas or email hello@dftba.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please read more of our Privacy Policy.

Contests or Sweepstakes

We may operate contests and sweepstakes through the Site, which may require registration. Your personally identifiable information may be used to contact you for winner notification, prize delivery confirmation or other related purposes. We may ask your permission to allow us to post publicly some of your information on the Site, such as on a winner's page, in the event you win a contest or sweepstakes. Except as required by applicable law, we will not post your information without your permission. In some instances, a third party advertiser or sponsor may operate or host a contest or sweepstakes on the Site, and collect your information. In those cases, where we are not the operator or host of the contest or sweepstakes, we have no control over the information collected and accordingly urge you to review the advertiser's or sponsor's privacy policy applicable to the contest or sweepstakes before participating.

Surveys or Voting

From time-to-time we may request personally identifiable information from you via surveys or voting polls. Participation is voluntary and you will have the opportunity to decide whether or not to disclose information. At times, you may have to register to vote or to take part in a survey.

Cookies

As with many Websites, the Site uses standard technology called "cookies," which are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your Web browser to the Site whenever you visit the Site, and make using the Site easier for you by saving your passwords, purchases, and preferences. By tracking how and when you use the Site, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Site are based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the Site. Cookies may also allow the Site to present to you advertising which may be of interest to you. If you do not want information collected through the use of cookies, you generally can opt out of providing this information by turning the cookies off in your browser; however, some areas of the Site may not provide you with a personalized experience if you have disabled the use of cookies.

IP Addresses and Click-Stream Data

We may collect IP addresses and/or click-stream data for purposes of system administration and to report aggregate information to our advertisers and sponsors. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request Web pages from the Site, our computers log your IP address.

Click-stream data is information collected by our computers when you request Web pages from the Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. When analyzed, this data helps us analyze how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like.

Transaction Information

If you order any information from our Site, buy any of our products or subscribe for any of the services offered on our Site, we will ask you to complete an order form that will request certain information from you, including financial information such as a credit card number and expiration date and general contact, billing and shipping information. We will use this information to complete the transaction that you have requested, i.e., to deliver the information, products or other services that you order, and to invoice you. Such information is collected and stored through encrypted means for your protection.

How we use the information we collect?

We internally use personally identifiable information about our customers to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our Site's content and layout. We believe these uses allow us to improve our Site and provide better service to our customers.

We may occasionally use a customer's email address and, in rare situations mailing address or phone number, to contact a customer regarding administrative matters or notices.

We may use information in the file we maintain about a customer to resolve disputes and troubleshoot problems.

With whom the information may be shared:

We will not sell your information to third parties and will only provide information to third parties that you have designated or third-party service providers that are required for our Site to provide services to you. 

What choices do I have about DFTBA collecting, using, and sharing my information?

It is possible for you to use much of our site without giving us any personally identifiable information. When you do register with us or give us personally identifiable information, you will have an opportunity at the time we collect your information to option out and limit e-mail communications from DFTBA. You can request at any time that DFTBA not send future e-mail to you either by unsubscribing from the communication or by contacting us at hello@dftba.com. Also, as mentioned above, there are ways to limit the information collected through technology -- though some of our Site features won't work if you decide to do this.

What security precautions are in place to protect against the loss, misuse, or alteration of your information?

We use industry standard efforts to safeguard the confidentiality of your personally identifiable information. However, please keep in mind that "perfect security" does not exist on the Internet and/or the World Wide Web.

Chat Rooms, Forums, and Message Boards

The Site may make chat rooms, forums and message boards available to its users. You are not required to provide any personal information when using these areas but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. DFTBA cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.

Links to Other Websites

You should be aware that when you are on the Site you could be directed to other sites beyond our control. These other Websites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a Website that is linked to our Site, you should consult that site's privacy policy before providing any personal information.  This Privacy Policy does not apply to any information you submit to third-party Websites, including, without limitation, any Websites that may be connected to our Site by hypertext link or otherwise

A special note for parents concerning privacy:

We do not encourage children to participate in providing us with any personally identifiable information. We ask that children (12 years of age and under) do not submit any personal information to us. If you are a minor under the age of 13 years, please use our services only under the approval and supervision of your parents or legal guardian(s).

We support the guidelines and regulatory requirements provided in the Children's Online Privacy Protection Act (COPPA).

http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html

Limitation of Liability

By providing us with any personal information you expressly and unconditionally release and hold harmless DFTBA Records, LLC, its owners, members, managers, shareholders, officers, directors employees and agents and each of their subsidiaries, affiliates, directors, officers, employees and agents (collectively, the “Releasees”) from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personal information. In addition, while DFTBA takes efforts to ensure the proper and appropriate use of DFTBA data provided by DFTBA to third party companies, promotional partners or vendors, the Releasees are not liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personal information by such third parties.

Notification of Changes and Acceptance of the Privacy Policy

By using this Site, you signify your agreement to the terms of our Privacy Policy. DFTBA may change this Privacy Policy from time to time. If so, any such changes will be posted on this page, so that DFTBA may keep its users informed of its information collection practices. Accordingly, we recommend that you consult this page frequently so that you are aware of our latest policy and/or any changes to this Privacy Policy.  Your continued use of the Site shall constitute your acceptance of any such new or revised privacy policy.  If at any point we decide to use personal information in a manner different from that stated at the time it was collected, we will send such person an email notifying him/her of such changes and giving him/her the option as to whether to allow us to use such information in such different manner.  Without such consent, we will use personal information in accordance with the privacy policy under which it was collected.

Correcting and Updating Personal Information

If your personally identifiable information changes (such as your zip code), or if you no longer desire to access our Site, we will endeavor to provide a way to correct, update or remove the personal data you have provided to us. This can be done by making changes to your profile, by using an option out message in an email, or by emailing us at hello@dftba.com. Please click here to make any changes to your profile and/or opt out of DFTBA registration.

California Customers

California's "Shine The Light" law (Civil Code Section 1798.83) permits users of our store that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@dftba.com or write us at: DFTBA Records, LLC, 5845 Sandpiper Dr., Missoula, MT  59808.

Whom do I contact with questions or concerns about this privacy policy?

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact DFTBA by sending a letter to:

DFTBA Records, LLC

5845 Sandpiper Dr.

Missoula, MT  59808

You may also contact us by e-mail at hello@dftba.com

Overview

This online store is operated by DFTBA (DFTBA Records LLC, 5845 Sandpiper Dr, Missoula, MT 59808, USA) 

Throughout the site, the terms “we”, “us” and “our” refer to DFTBA. DFTBA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (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 always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services (If Applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our 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 we make 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

For more details, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.

Text Message Maketing

The Pizzamas mobile message service (the "Service") is operated by DFTBA Records LLC, (“DFTBA Records”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. 

By consenting to the Service, you agree to receive recurring SMS/text messages from and on behalf of Pizzamas through your wireless provider to the mobile number you provided us, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). 

You understand that you do not have to sign up for the Service in order to make any purchases, and your consent is not a condition of any use or purchase with Pizzamas. Your participation in the Service is completely voluntary.

 We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. 

You may opt-out of the Service at any time. Text the single keyword command STOP to Pizzamas or click the unsubscribe link (where available) in any text message to cancel. You may continue to receive SMS/text messages for a short period while we process your request, and you may also receive a one-time opt-out text message confirming the receipt of your opt-out request. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Pizzamas mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Pizzamas or email hello@dftba.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall DFTBA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service , or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Withdrawal 

If you are an EU citizen and purchase goods from our store as a consumer – that means for purposes outside your trade, business, craft or profession – the following applies:

Right of Withdrawal:

You have the right to withdraw from this contract within 14 days without giving any reason. 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (DFBTA Records LLC., 5845 Sandpiper Dr., Missoula, MT 59808, USA, hello@dftba.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model Withdrawal Form:

            To:       DFTBA Records LLC.

                        5845 Sandpiper Dr.

                        Missoula, MT 59808

                        United States of America

I/We(*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on:                                                                                      

Received on:                                                                                    

Name of consumer:                                                                          

Address of consumer:                                                                          

Signature:                                                                                        

Date:                                                                                                

 

(*) Delete as appropriate

Indemnification

You agree to indemnify, defend and hold harmless DFTBA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Montana, United States of America. If you are an EU citizen and purchase goods from our store as a consumer – that means for purposes outside your trade, business, craft or profession –, this choice of law does not affect the provisions for consumer protection, that cannot be derogated from by agreement by virtue of the law of your country of residence.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Contact Information

Questions about the Terms of Service should be sent to us at hello@dftba.com.