DUNSTANSURFWEAR

DUNSTANSURFWEAR DUNSTANSURFWEARCall us at, US (+1)  949.910.4309
 AUS  (+61)  7.3102.1900



Dunstan's Terms of Service

Dunstan Surfwear Design Holdings, Ltd. and its subsidiaries and properties including www.dunstansurfwear.com (collectively "Dunstan") provides its wholesale services to you subject to the following conditions. If you visit or shop at www.dunstansurfwear.com/biz, your acceptance of these conditions are required and implied. Please read carefully. Your use of any current or future www.dunstansurfwear.com/biz services will be subject to the guidelines and conditions applicable to such service or business of Dunstan.

Dunstan's Quality, Size and Design Guarantee


Our designers and tailors take great care in the preparation and quality control of every pair that leaves our factory in Sri Lanka.
We guarantee that:

  • We use the highest quality materials and workmanship.
  • We make your shorts exactly the size* you specify.
  • We produce exactly to your design specifications.

If we miss any one of these three promises, we will be happy to remake your product at no cost for you.

*Please make sure that you review our sizing chart to get your size right. Dunstan is not responsible for incorrect sizing or measurement.

Dunstan Surfwear's Safe Shopping Guarantee


Dunstan's #1 priority is to make sure you have a secure, safe and satisfying experience.

Your credit card transactions with us are 100% safe. Period. Our secure server software (SSL) is the e-commerce industry standard and encrypts all payment information when you make a purchase. This means no one will ever gain access to your private information.

If your material including but not limited to text, data, photographs, graphics, stitch files, images, information, audio clips, and all digital data or any combination of these elements ("Content") is uploaded as a design for products available to other users on the Dunstan website, you hereby grant Dunstan all additional rights to use such content incorporated herein by t to refuse and cancel any order. Delivery is 2 to 4 weeks and can run as long as 6 weeks during the peak seasons, and or due to high order demand.

Cancellation Policy


You may cancel any order within 24 hours of order acceptance. We cannot guarantee any order will be cancelled if it has already been submitted for processing, which processing happens in all instances within 24 hours of your order.

After 24 hours from the time your order acceptance, there are no cancellations or alterations to your order.

Fabric Availability


All fabrics displayed on the Dunstan website are displayed in real-time, and are only available so long as they are present on the website. If a fabric is no longer available on our website it is likely because the fabric has been fully purchased from other customer orders, or the amount of fabric that remains is no longer sufficient to support an order volume we would normally expect for such fabric. If a fabric is no longer available we will contact you discuss options which may be to delay the order util the fabric can be back-filled or altering the order to replace the out-of-stock fabric if it can not be back-filled in a timely manner.

Typographical Errors


Dunstan is not responsible for typographical errors or omissions relating to pricing, copy, photography, scanning or entering of personal measurements, or all contact information data.

Dunstan reserves the right to refuse and cancel any order, if such order is believed to have been received in error or under fraudulent pretenses.

Security


Dunstan's online store uses industry standard SSL v2 (Secure Sockets Layer) encryption technology to protect sensitive data including credit card information. If you prefer, you may email your order to orders@dunstansurfwear.com or you may call in your order and credit card information to +1.949.910.4309

Returns


As all our products are custom designed to your specifications, there are no returns.

For shipping related complaints


If you provided us with the wrong Ship-To address for your order, you will need to contact the courier to have your package re-routed to the correct address at your own expense. You may incur a package re-routing fee at your sole expense only. If Dunstan provided the wrong address to the transporter, Dunstan will handle full re-shipment and/or related re-routing costs in order that your boardshorts arrive at your desired destination. The above resolutions are general guidelines. We review the complaints on a case-by-case basis.It is always best that you email our customer service offices here for any concern(s) you may have, in order that we can provide the absolute best resolutions to your problems, issues or concerns.

Sales Tax


Sales Tax is collected for orders only placed and shipped within Sri Lanka. Any other duty or customs tax rate fees are applicable as per the delivery address and country listed in the "Ship To" portion of the invoice for your order.

Delivery addresses outside of Sri Lanka will not incur sales tax assessment, unless mandated by local law. Dunstan offers and pays for free shipping for all orders, but is not responsible for local country sales taxes and or customs duties that may be applicable in the country where your shorts are delivered. As such, if any duties or taxes are assessed by local authorities at the time of delivery of your Dunstan's, you as the customer are responsible for such duties.

Privacy


Please review our Privacy and Related Policies below, which also govern your visit(s) to www.dunstansurfwear.com.

Electronic Communications


When you visit www.dunstansurfwear.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, chat functions, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement(s) that such communications be in writing.

Copyright


All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Dunstan or its content suppliers and is protected by United States, European, Sri Lankan and international copyright and trademark laws.

The compilation of all content on this site is the exclusive property of Dunstan and is protected by U.S. and international copyright and trademark laws. All software used on this site is the property of Dunstan or its software suppliers, and is protected by United States and numerous international copyright laws.

Trademarks. Dunstan™, Dunstan Surfwear™ and any other marks indicated on our site are registered trademarks of Stichting Dunstan Surf Design IP or its subsidiaries in the Netherlands, EU, United States and all other countries. All Dunstan graphics, logos, page headers, button icons, consumer packaging and forms and or scripts, and all service names and trademarks or trade dress are the sole property of Stichting Dunstan Surf Design IP and are exploitable under license only to and by Dunstan Surfwear Design Holdings. Ltd (BVI). Dunstan's trademarks and trade dress may not be used in connection with any product or service that is not Dunstan's or transmitted via www.dunstansurfwear.com/biz, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dunstan™ or www.dunstansurfwear.com/biz.

Your Account


If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

If you are under 18, you may use www.dunstansurfwear.com/biz only with involvement of a parent or guardian who is over the age of 18 years of age. Dunstan reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its'/their sole discretion at any time.

Copyright Complaints


Dunstan respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement please call or write us at the email address below:

Stichting Dunstan Surf Design IP


ip@dunstansurfwear.com

Risk of Loss


All items purchased from Dunstan and www.dunstansurfwear.com/biz are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Since we are using international courier companies FedEx and DHL, likely risk of loss although possible, is likely minimal.

Product Descriptions


Dunstan attempts to be as accurate as possible. However, www.dunstansurfwear.com/biz does not warrant that product descriptions or other content on our site is accurate, complete, reliable, current, or error-free.

Applicable Law


By visiting www.dunstansurfwear.com/biz, you agree to the laws of the British Virgin Islands, without regard to principles of conflict of laws, and will be governed by these Conditions of Use, and any dispute of any sort that might arise between you and Dunstan.

Disputes


Any dispute relating in any way to your visit to www.dunstansurfwear.com/biz or to products you purchase through www.dunstansurfwear.com/biz shall be submitted to confidential arbitration in the British Virgin Islands, except that, to the extent you have in any manner violated or threatened to violate Dunstan intellectual property rights, Dunstan may seek injunctive or other appropriate relief in any opposition procedure in a court of any intellectual property organisation, such as but not limited to the BBIE, OHIM or WIPO, with respect to the intellectual property that is licensed by the Dunstan Foundation to the Authorized Representative pursuant to the License and its' Right of Usufruct Agreement governed by the laws of The Netherlands, and you consent to exclusive jurisdiction and venue in such courts as may be chosen by Dunstan. Arbitration under this agreement shall be conducted under the rules then prevailing of the London Court of International Arbitration (the "LCIA"). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Our Pricing Policy


For shipping to all destinations, the stated prices on www.dunstansurfwear.com/biz are final. They include the taxes arising from the transaction, particularly any applicable sales taxes only payable in Sri Lanka, if applicable by law. Shipping and handling are billed separately and shown separately on your invoice if applicable. The shipping address and order amount is decisive for Ship-To location determination. According to the statutory regulations in some countries, the Dunstan goods we ship to you may be subject to sales or other taxes in the recipient country, and such other sale or other taxes shall be paid additionally upon receipt of the goods by the customer/recipient. Furthermore, the goods may be subject to import duties, which the customer/recipient shall pay additionally upon receipt of the goods from Dunstan if applicable.

Billing and Payment


All orders must have 50% deposits prior to order acceptance. Deposits will be forfeited if goods are not taken 30 days after product ready date. 100% payment is required prior to shipment. Shine accepts the following forms of payment;

Technical Policy


1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only, are of an informational nature. No responsibility is accepted by Dunstan for the correctness of this information.

2) Data communication via the internet, considering the current state of technology, cannot be guaranteed as being flawless und/or available at any time. Thus, Dunstan shall not be liable for the continuous and uninterrupted availability of the online offering(s) on its website, or claims made about Dunstan by parties other than by Dunstan employees and partners.

Copyrights to Print Designs, Release from Liability


1) If a customer uploads their own design or influences their product in any other way from the way their design appears upon completion of their choices of fabric(s) and accessories offered by Dunstan (ie: text personalization(s) etc.), the customer assures Dunstan that any text and designs are free from infringement on any third-party rights. The costs for possible infringements of copyright, personal rights or naming rights are to be borne completely by the customer, in this case. The customer also assures Dunstan that by individualization of the product, he/she does not infringe upon any other third-party rights.

2) The customer releases Dunstan from all demands and claims which are made due to the infringement of any third-party rights, as far as the customer is responsible for the breach of such duty. The customer shall promptly reimburse Dunstan for all defense costs and other damages resulting from any such action caused by the customer.

Technical and Design Deviations


When fulfilling our contract to deliver custom-tailored products to our customers, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to material, color, weight, measurements, design(s) or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.

Data Protection Pledge


Dunstan uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address(es), Ship-To mailing address, bank details) for ordering products are used by Dunstan for fulfillment and handling of customer orders only. This data is treated confidentially by Dunstan and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Dunstan has saved on their behalf for the provision of their services free of charge by accessing such personal data in the Unite section of www.dunstansurfwear.com.. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

Place of Fulfillment


Place of fulfillment for all services placed on our Dunstan website is the British Virgin Islands.

Undeliverable Packages


On very rare occasions, packages are returned to us as undeliverable.

We will attempt to re-ship orders that are returned to us as undeliverable.

In an effort to reduce the impact of returned Products, Dunstan reserves the right to donate to charity, or recycle, any returned or undelivered items as deemed appropriate in its sole discretion.

Site Policies, Modification and Severability


Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your visit to www.dunstansurfwear.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition(s).

Dunstan Surfwear Contact Information



Corporate Offices
23811 Aliso Creek Rd., Suite 133
Laguna Niguel, CA 92677
OR
russ@dunstansurfwear.com

Hours


We offer 24-hour email support and a global number (+1.949.910.4309) that can be called during our working hours (9AM to 6PM PST – Pacific Standard Time) with leave-message capability during non-working hours. We will respond to all customer care inquiries within 24 hours.

Customer Service:


Address:

No. 467, Galle Road, Wewala, Hikkaduwa, Sri Lanka
Customer Support Phone: +94.91.227.7179
Email: wecare@dunstansurfwear.com

Press Inquiries


hello@agencyglow.com

User Account, Password, and Security


To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of your email, password and account, and are responsible for all activities that occur under your email, password or account.

It is important for you to protect against unauthorized access to your computer. Be sure to log off of www.dunstansurfwear.com when you finish using a shared or public computer.

You agree to (a) immediately notify Dunstan of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

Dunstan cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

User Conduct


When using this Site, you agree not to:

1)Upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.

2)Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

3) Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from another website without written permission from the owner of such content. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable international, federal, state and local laws, regulations and ordinances;

4) Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

5) Use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

6)Upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;

7)Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;

8)Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9)Upload, download, post, email or otherwise transmit false or misleading information;

10)Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;

11)Access, tamper with, or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;

12)Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;

13)Frame the Site within another Site or webpage or link to the Site except as permitted in writing by Dunstan;

14)Incorporate images or names that would violate a person's right of privacy or publicity;

15) Incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness with the likeness of Dunstan;

16) Use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service;

17) Transfer your Dunstan account to another party without Dunstan's written consent;

18) Copy, modify or distribute rights or Content from the Site, service or tools or Dunstan's copyrights and trademarks; or

19) Harvest or otherwise collect information about Dunstan users, including any email addresses or other personal information, without their consent.
You acknowledge that Dunstan does not pre-screen submitted Content, but that Dunstan and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Dunstan may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Dunstan does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Dunstan expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, Dunstan and its designees shall have the right to remove, without prior notice, any Content that violates this Agreement, or which is otherwise objectionable to Dunstan. You agree that you must evaluate, and bear all risks associated with, the use of any and all Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Dunstan nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Dunstan's production of any product depicting your Content does not indicate that Dunstan approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

You acknowledge and agree that Dunstan may preserve or store your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation, storage, or disclosure is reasonably necessary and as set forth in our Privacy Policy. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You agree that you are responsible for actions and communications undertaken under your account. Dunstan takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Dunstan and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content, or materials on the Site. You agree to indemnify Dunstan and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

Proprietary Rights


You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Dunstan, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Dunstan or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.

Dunstan shall retain all ownership rights to your Content submitted to the Site. By submitting Content to Dunstan, you grant Dunstan a non-exclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.

You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, Dunstan grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

Dunstan grants you a non-exclusive, revocable and limited license to use the Content and Dunstan's tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the Dunstan website. We reserve the right to terminate this license at any time.

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Dunstan (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Dunstan upon their submission or communication to Dunstan, and you do assign all rights therein to Dunstan and agree that the same will automatically become the property of Dunstan and that Dunstan may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Dunstan may elect, forever.

Intellectual Property Policy


Dunstan respects the intellectual property rights of others. We ask our users to do the same. Dunstan may terminate the accounts of users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Dunstan's Copyright Agent, and provide the following information ("Notice"):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
  • A description of the copyrighted work and/or trademark claimed to have been infringed;
  • A description of where the claimed infringing Content is located on our Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

Please note that this procedure is exclusively for notifying Dunstan that your trademark or copyrighted material has been infringed.

Dunstan's Copyright Agent can be reached at: content_agent@dunstansurfwear.com.

Indemnity. You agree to defend, indemnify and hold Dunstan and Dunstan's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on:

  • Content you submit, post on to, or transmit through the Site,
  • Your use of the Site,
  • Your connection to the Site,
  • Your violation of the Agreement, or
  • Your violation of any rights of a third party.

No Resale


Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Dunstan's express written consent.

Termination


You agree that Dunstan, in its sole discretion, may terminate this agreement including but not limited to termination of your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Dunstan may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Dunstan may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Dunstan shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.

Links


The Site may provide, or third parties may provide, links to other websites or resources. Because Dunstan has no control of such sites and resources, you acknowledge and agree that Dunstan is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Dunstan is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Public Reputation


You acknowledge and agree that you will not use any Product ordered from the Site in a way that would be damaging to Dunstan's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from Dunstan, in a public setting, including on the Internet, in a way which disparages Dunstan, Dunstan's board members, employees, shareholders or partners, or any national or international mail, telephony or courier service, Dunstan reserves the right to demand immediate return of the product, and to furthermore pursue all recourses and remedies available under the law. and, in the case of Dunstan Custom Stamps, to invalidate your Dunstan Custom Stamps via cancellation of the bar code.

Product Descriptions


Dunstan attempts to be as accurate as possible to provide a compelling user experience. Dunstan does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Dunstan is not as described, your sole remedy is to return it pursuant to Dunstan's Return Policy.

Dunstan prides itself on its relationships with charitable organizations and is pleased that its platform has proven to be an effective fundraising tool for many organizations. From time-to-time, Dunstan participates in specific programs designed to assist charitable organizations to raise funds for their causes. Whenever Dunstan announces these fundraising efforts, you can be assured that Dunstan will ensure that funds will be remitted to the charitable organization as disclosed in such announcements. From time-to-time, Sellers may state they intend to donate their royalties or other sums to charities. Dunstan is unable to verify such statements, so please use caution when relying on them.

New Programs


Dunstan may introduce new or various programs, features and/or products at any time. At the time of release of any new or various programs, features and/or products, Dunstan will publish the governing terms and conditions pursuant to such releases. You agree that you will be subject to such new terms and conditions to the extent that you participate in such new programs or use such new products.

International Access


Our Dunstan website is architected to be accessed from any country in the world. We cannot control to any extent any access issues you may have to our Dunstan website, due to any and/or all access restrictions that may be employed or deployed by local governments or agencies in any country at any time.

You agree that Dunstan can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.

Licenses


By uploading Designs to the Site or creating Designs with Dunstan's design tools, you grant the following licenses to Dunstan: the nonexclusive, worldwide, transferable, sub-licensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products of Dunstan.

Without limitation, this promotion, marketing, or advertising may consist of:

  • Display of your Products;
  • Promotional "streams" of audio Content on the Website,
  • Display of pages from book Products on the Site;
  • Products or content placement in magazines, television shows, movies, and other media;
  • The sale of Products available on the Site through third party product feeds, whether at retail prices, discounted prices, promotional prices, or as otherwise determined by Dunstan in its sole discretion; and
  • The sale of Products available on the Site to other retailers, wholesalers, distributors or businesses at pricing as determined by Dunstan in its sole discretion.

You also grant us the license and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category or for other manufacturing purposes.

You may remove your boardshort designs (the "Design") from the Site at any time, but Dunstan shall retain all copyright and other intellectual property rights to your Design. You agree that any mobile deployment of the Site or app deployment in connection with Dunstan Services may impact the license you have granted to us.