Terms of service

Terms of Service

OVERVIEW

Welcome to DriftShark. The terms “we,” “us,” and “our” refer to DriftShark. DriftShark operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). DriftShark is powered by Shopify, which enables us to provide the Services to you.

The following Terms and Conditions, along with all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy https://www.driftshark.store/policies/terms-of-service. If you do not agree to these Terms of Service or the Privacy Policy, you should not use our Services.

SECTION 1: ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province where you live, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services, you may be asked to provide certain information, such as your email address, billing address, payment information, and shipping address. You represent and warrant that all the information you provide in our stores is accurate, current, and complete, and that you have the right to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, or assign your account to anyone else, or grant any licenses related to that account.

SECTION 2: OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that the colors or appearance of a product may differ from what you see on your screen due to your device type and settings.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is shown in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities offered to any person, geographic region, or jurisdiction.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. DriftShark reserves the right to accept or decline your order for any reason at our sole discretion. Your order is not considered accepted until DriftShark confirms its acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before it ships, as DriftShark may not be able to fulfill cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email, billing address, or phone number you provided when you placed the order.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy https://www.driftshark.store/policies/refund-policy

You represent and warrant that your purchases are for personal or household use only, and not for resale or commercial export.

SECTION 4: PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, and will be reflected in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import duties.

The prices you see in our online stores may differ from those offered in physical stores, online, or by third parties. From time to time, we may offer promotions for the Services that affect pricing and are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account information and other details, such as your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use that card for the purchase; (iii) the charges you incur will be honored by your card issuer; and (iv) you will pay the charges you incur at the posted prices, including shipping, handling, and any applicable taxes.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, risk of loss and title pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, trade names, text, samples, images, graphics, product reviews, audio and video, and the design, selection, and arrangement thereof, are owned by DriftShark, its affiliates, or its licensors, and are protected by domestic and international intellectual property laws.

These terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Services without our prior written consent. Unless explicitly stated, nothing in these Terms grants you any license or right under the patents, trademarks, copyrights, or other intellectual property of DriftShark, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. DriftShark reserves all rights not expressly granted herein.

DriftShark’s names, logos, products, and slogans are trademarks of DriftShark, its affiliates, or its licensors. You may not use these marks without the prior written permission of DriftShark. Shopify’s names, logos, products, and slogans are trademarks of Shopify. All other trademarks in connection with the Services belong to their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, we may provide you with access to third-party tools over which we have no control or oversight.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or endorsement of any kind. We will not be liable for any issues arising from your use of these third-party tools.

You assume the risk of using these tools at your sole discretion, and you should make sure you are familiar with and approve of the terms under which the third-party provider offers them.

In the future, we may also offer new features through the Services (including new tools and resources). Such new features will also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and links to third-party websites (including embedded features). We do not review, evaluate, or assume responsibility for the accuracy or completeness of any third-party materials or websites you access. If you choose to leave the Services to access them, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party sites or your purchase or use of third-party products or services. Any claims, concerns, or questions about third-party products or services should be directed to the relevant third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

DriftShark is powered by Shopify, which enables us to provide the Services. However, any purchase you make through our store is made directly between you and DriftShark. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of such sales, including any harm, loss, or injury resulting from the products or services you purchase. You hereby release Shopify and its affiliates from any claims, damages, or liability arising from your purchases or transactions with DriftShark.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain information may also be subject to Shopify’s Privacy Policy, which you can review. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted on Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. To provide the Services, the information you submit will be transmitted to Shopify and to third parties that may be located outside your country. For more information about how we use personal information, please review our Privacy Policy.

SECTION 11: FEEDBACK AND SUGGESTIONS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes. For example, we may use this license to operate, evaluate, optimize, improve, and promote the Services, and to enforce our rights under the Terms of Service.

You also represent and warrant that: (i) you own all rights in your Feedback; (ii) you disclosed any compensation or incentive you received in exchange for providing that Feedback; and (iii) your Feedback will comply with these Terms. We are not obligated to (1) keep your Feedback confidential; (2) compensate you for your Feedback; or (3) respond to your Feedback.

We may, at our discretion, monitor, edit, or remove any Feedback that we determine to be unlawful, offensive, threatening, defamatory, pornographic, inappropriate, or in violation of third-party rights or these Terms of Service, but we have no obligation to do so. You agree that your Feedback will not violate any third-party rights, will not contain defamatory, unlawful, abusive, or obscene content, and will not contain viruses or other malware. You will not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We are not responsible for any Feedback posted by you or by third parties.

We may control the defense or settlement of any claim against you (including the choice of counsel) without your consent, provided it does not impose any non-monetary obligations on you.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

From time to time, the Services may contain information with typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, 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 even after they have been placed, without prior notice.

SECTION 13: PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly:

a) for any unlawful or harmful purpose;
b) to violate any local, national, or international law;
c) to infringe upon or violate our intellectual property rights or those of others;
d) to harass, abuse, insult, defame, or intimidate others;
e) to submit false or misleading information;
f) to upload, download, use, or reuse any content that does not comply with these Terms;
g) to facilitate bulk mailing, spam, or similar content;
h) to impersonate any person or misrepresent your affiliation with any person or entity;
i) to engage in any conduct that restricts or inhibits anyone’s use of the Services, or that could harm DriftShark, Shopify, users of the Services, or expose them to liability.

Additionally, you may not:

a) upload or transmit viruses or any malicious code;
b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
c) collect or track the personal information of others;
d) engage in unsolicited advertising (spam), phishing, fraud, or web scraping;
e) interfere with or circumvent the security features of the Services, the website, or any other systems.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated these Terms.

SECTION 14: TERMINATION

We may terminate this Agreement or suspend your access to the Services (or any part of them) at our sole discretion at any time, without prior notice, and you will remain responsible for any amounts owed up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.

SECTION 15: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from your use of these materials, or the use of these materials by any visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY DRIFTSHARK, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED WARRANTIES MAY NOT BE PERMITTED, so this clause may not fully apply to you.

SECTION 16: LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, DRIFTSHARK, OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) AVAILABLE THROUGH THE SERVICES.

SECTION 17: INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DriftShark, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, claim, or expense (including reasonable attorneys’ fees) arising from (1) your breach of these Terms of Service or any documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.

We will notify you of any claim subject to indemnification, although failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may, at our discretion, control the defense or settlement of any such claim at your expense (including the choice of counsel), but we may not settle any claim that imposes non-monetary obligations on you without your consent (which may not be unreasonably withheld). You agree to cooperate with our defense by providing relevant documents, among other things.

SECTION 18: SEVERABILITY

If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable under applicable law, that provision will be interpreted to the fullest extent permitted by applicable law, and the remaining provisions will remain in full force and effect.

SECTION 19: WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules we post on this site regarding the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services. They supersede all prior agreements (oral or written).

In the event of any ambiguity in the interpretation of these Terms, they will not be construed against the party that drafted them.

SECTION 20: ASSIGNMENT

You may not assign, transfer, or delegate this Agreement or your rights or obligations under these Terms without our prior written consent; any attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21: GOVERNING LAW

These Terms of Service and any separate agreement under which we provide you the Services will be governed by the laws of the jurisdiction in which DriftShark is located, without regard to conflict of law principles. You and DriftShark irrevocably submit to the exclusive jurisdiction of the courts of that jurisdiction.

SECTION 22: HEADINGS

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

SECTION 23: CHANGES TO THESE 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, at our sole discretion, to update, modify, or replace any part of these Terms by posting changes on our site. It is your responsibility to check our site periodically for updates. We will notify you of material changes when required by law, and such changes will be effective on the date indicated. Your continued use of the Services after any changes means you accept the new Terms.

SECTION 24: CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:
driftshark.store@gmail.com
Our contact information is above.