PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS WEB SITE, INCLUDING ANY CONTENT OR INFORMATION OBTAINED AT OR LOCATED ON ANY WEB PAGE OF WWW.GETDIBZY.COM (“THE SITE” OR “THIS SITE”) OR PURCHASING PRODUCTS AND/OR SERVICES AND SUPPORT (“PRODUCT”). IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS SITE IS PROVIDED TO THE USER (“YOU”) BY DIBZY, LLC (“COMPANY”, “US” OR “WE”). The terms “Company”, “we”, “us”, “our” and “ours” when used in these Terms and Conditions mean the Company, and its parents, subsidiaries, divisions, branches, or affiliates.
1. Acceptance of Terms and Conditions
These Terms and Conditions (“Agreement”) apply to your use of the Site. This Agreement also applies to your purchase of Product sold in the United States by the Company, including its affiliates or subsidiaries. By using this Site, accessing any information on this Site, or accepting delivery of Product, you agree to be bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, do not use the Site or download any materials from the Site. This Agreement constitutes the entire and only agreement between us and you regarding your use of this Site and your purchase of Product through the Internet and forms a legally binding agreement. Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site or its content, or your purchase of Product, and the subject matter of this Agreement, are specifically disclaimed and superseded by this Agreement.
2. Changes to these Terms and Conditions
This Agreement may be amended at any time by us without notice to you. This Agreement will be updated periodically and you should review this Agreement prior to using this Site and purchasing Product, and again from time to time when you return to this Site.
ACCESS TO THIS SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
3. Users must be 18 years old
Our Site is a business and commercial site, and our products and services are generally marketed for and directed towards purchase by adults or with the consent of adults. As such, our Site is not intended for children or minors, but designed for use by persons age 18 or older. Persons under the age of 18 (“Minors”) are not permitted to use this Site without the supervision of a parent or legal guardian. If you permit any Minor to use this Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) the monitoring of such Minor’s access to and use of the Site; and (iii) the consequences of any such usage. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 18 or knowingly allow such persons to register for an online account or to post personal information on our Site. Should we learn that someone under the age of 18 has provided any personal information to or on this Site, we will remove that information as soon as possible.
4. Limited Right to Use the Site
(a) You may view, print or download any content, graphic, form or document from the Site so long as such activity is for your own personal and non-commercial use. This includes material such as the projects, patterns, designs, written instructions, images, photographs, and text. You may not in any manner modify, copy, transmit, display, post, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create a derivative work from or make other use of the content of this Site. No part of any content, form, project, pattern, design, written instruction, image, photograph, text or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, without our express written authorization. Any such authorization granted does not include any transfer of title.
(b) Your activities on the Site shall not: (i) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) contain or subject this Site to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (iii) create liability or cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (iv) place an undue burden on the software and hardware used in connection with the Site, (v) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass emails; (vi) seek to obtain sensitive or personally identifiable information from other users of the Site; or (vii) modify or alter any part of this Site, including, without limitation by (A) providing a link directly or indirectly to any other site from this Site, or (B) modifying or altering any material on this Site. In addition, posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.
(c) Without our express prior approval, you shall not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services. You shall not use the Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Site.
(d) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the Site for any reason, at any time, without notice.
5. Linking to Site
Except as provided in this Section 5, all links from your web site to the Site must receive our prior written approval. Notwithstanding the foregoing, we hereby consent to links from your web site to the Site which: (a) have the limited purpose of promoting our goods and services; (b) only link to the homepage of the Site and not to “deeper” pages or graphics of the Site; (c) do not use any of our trademarks or logos for the form of the link or otherwise; (d) do not suggest an affiliation with or endorsement by us of you or your products or services; (e) do not place the Site in a frame within your web site when the link is activated; and (f) do not cause confusion with, dilute, or damage our reputation or goodwill or any of our goods or services, as determined by us in our sole discretion. We reserve the right to terminate the above consent at any time in our sole discretion. Persons or entities providing access to this Site via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning us or our affiliates. Any approval or consent given by us as described above is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Any person or entity providing access to, or information relating to this Site, whether by link or otherwise, is responsible for bringing this Agreement to the attention of the person receiving such access or information. Failure to do so shall not result in liability to us.
The content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the “look and feel” of this Site, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws. You do not acquire ownership rights when viewing this Site. You may not use, copy, distribute, display, publish, transmit or create derivative works of any content or material on this Site, except as expressly permitted by this Agreement.
All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and/or trade names displayed, cited or otherwise indicated on this Site are trademarks and/or registered trademarks of ours or our affiliates or other third parties. The copying, redistribution, use or publication by you of any third party marks is strictly prohibited. The copying, redistribution, use or publication by you of any of our marks, except as expressly allowed by Sections 4 and 5, is strictly prohibited.
8. Editing; Deleting; Modifying
We have the right, in our sole discretion, but not any obligation, to refuse, modify or remove any material submitted to or posted on the Site and to terminate, change, or suspend (temporarily or permanently) any aspect of the Site (or the entire Site) at any time and from time to time, without notice to you. Without limiting the foregoing, we have the right to remove any material that we in our sole discretion, find to be in violation of any provision hereof or otherwise objectionable in our sole discretion.
9. Not Responsible for Errors
The Site may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without prior notice. Corrections and/or updates may occur after you have submitted an order from the Site. In that event, we will attempt to contact you with the correct information before processing your order. If we are unable to contact you with the correct information, then you may return the item according to our return policy. If an item is listed at an incorrect price or with incorrect information, then at our sole discretion we reserve the right (1) to refuse orders for that item, (2) to contact you for instructions, or (3) to cancel your order and notify you of the cancellation. We reserve the right to limit quantities, even after you have submitted an order from the Site. Colors are not guaranteed. Due to color variability in monitors, we have no liability if colors of the products do not match their display on the Site.
10. Changed or Discontinued Product
The Company’s policy is one of ongoing update and revision. The Company may revise and discontinue Product at any time without notice to you and this may affect information saved in any sales through an online “cart.” The Company will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
11. Payment Terms
For the purchase of Product, terms of payment are within the Company’s sole discretion, and unless otherwise agreed to by the Company, payment must be received by the Company prior to the Company’s acceptance of an order. Payment for Product will be made by credit card or PayPal. Your order is subject to cancellation by the Company, at the Company’s sole discretion. The Company is not responsible for pricing, typographical, or other errors in any offer by the Company for Product and the Company reserves the right to cancel any orders resulting from such errors.
12. Shipping Charges; Taxes; Title; Risk of Loss
Shipping and handling of Product are additional unless otherwise expressly indicated at the time of sale. Title to Product passes from the Company to Customer on shipment from the Company’s facility. Loss or damage that occurs during shipping by a carrier selected by the Company is the Company’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify the Company within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide the Company with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
13. Return Policies
(a) Return Policy. Dibzy will only accept returns on products that are identified on the Product information page as eligible for return or as provided herein. Once Dibzy confirms that your Product was returned in accordance with Section 13(d), your sole and exclusive remedy is a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Store credits may only be used for future purchase of Products on the Web site (excluding gift cards) and are subject to the restrictions set forth herein.
(b) Exchanges. We do not accept any Product exchanges.
(c) Damaged Products. If the Product arrives damaged (“Damaged Product”), Dibzy will accept returns for a full refund only in accordance with the Return Procedures below. Once Dibzy confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
(d) Return Procedures All returns must be made within 14 days after the Product shipment date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in accordance with the instructions received from contacting customer service at _____________________. You are solely responsible for the cost of shipping the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you, and no credit or refund will be issued.
14. Offers, Promotions, and Customer Credits
Dibzy may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and promotions that provide an opportunity for members to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to Dibzy). Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Referral credits cannot accrue until or unless the referred customer completes a purchase on the Web site and all other conditions of the relevant promotion have been met.
Credits are only for use on Products available for purchase on the Web Site and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits.
Dibzy reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct . You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Dibzy reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by Dibzy. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If Dibzy terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by Dibzy and such determination is final.
15. Not For Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
You agree to indemnify, defend, release, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney’s fees, related to your violation of this Agreement and/or your access or use of the Site or any of the information or materials available, or Products purchased, through this Site.
17. Warranties and Disclaimer/Limitations of Liability
THE WEB SITE AND PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.
DIBZY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE AND DIBZY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF A SUPPLIER PROVIDES AN EXPRESS WARRANTY, THAT WARRANTY IS BETWEEN YOU AND THE SUPPLIER AND NOT DIBZY. NOTWITHSTANDING THE FOREGOING, IF A SUPPLIER OF A PRODUCT PROVIDES A WARRANTY FOR THE PRODUCT AND ALLOWS US TO PASS IT THROUGH TO YOU, WE WILL PASS IT THROUGH TO YOU.
IN NO EVENT SHALL DIBZY, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID DIBZY IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
18. Limitations on Information
Reliance on the contents of this Site for any purpose by you is at your sole risk. All standards, specifications, technical discussions, and reports included on this Site are advisory only. Neither we nor our affiliates shall be responsible for any errors of any kind (typographical or otherwise).
19. Use of Information Provided by the User
We reserve the right, and you authorize us, to use all information regarding your use of this Site and all information provided by you in any manner consistent with our Privacy Statement. By submitting material to us, you automatically grant or warrant that the owner of such material has expressly granted us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Site to access, view, store or reproduce the material for that user’s personal use. You grant us the right to edit, copy, display, publish, and distribute any materials made available on the Site by you.
21. Links to Third Party Web Sites
The Site may contain links and/or advertisements to other web sites as a convenience to you. Those sites are not operated or controlled by us. Neither we nor our affiliates are responsible for the actions, content, accuracy opinions expressed, privacy policies, products or services provided through such web sites, or made available through these resources or appearing in such websites. Neither we nor our affiliates shall have any liability to you for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. We have not investigated, monitored, or checked for accuracy, completeness, or conformance with applicable laws and regulations any of these sites. Inclusion of any linked web site on the Site does not imply approval, acceptance, or endorsement of the linked web site or any of the products and services made available through such website by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through the Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of such websites will apply to you while on such websites.
22. Copyrights and Copyright Agent – Copyright Infringement Notification
Dibzy expects that users of its this Site will respect it’s intellectual property rights, just as it respects the rights of others. The following is provided pursuant to the requirements of the DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) designating the Company’s agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq.
If you believe that content available on or through the Site infringes one or more of your
copyrights, please immediately notify the Company’s Copyright Agent by mail, e-mail, or fax at the respective addresses below (each a ‘‘Notification’’, and collectively, “Notifications”) providing the information for a Notification as described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity (“Infringing Material”) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company or other party identified in the Notification as a “service provider”, as such term is defined under the DMCA, to locate the Infringing Material.
4) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5) A statement that the complaining party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to the following:
7577 Central Parke Boulevard, Suite 218
Mason, Ohio 45040
The Company has a policy of terminating access, usage or subscription to the Site, as the case may be, for repeat infringers in appropriate circumstances.
These Terms and Conditions and the agreement created by your acceptance of them through your use of the Site shall be treated as though executed and performed in Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles. Access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. We do not make any representations or warranties regarding the use of or access to this Site outside of the United States and you are responsible for compliance with all applicable laws of the country from which you are accessing this Site. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within two (2) years after the cause of action arose or be forever waived and barred and all actions shall be subject to the limitations set forth in these Terms and Conditions. The language in these Terms and Conditions shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with these Terms and Conditions shall be brought solely in state or federal courts located in the State of Ohio. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of these Terms and Conditions is taking place or originating. Should any part of these Terms and Conditions be held invalid or unenforceable, the remaining portions of these Terms and Conditions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall control. The printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions or your use of the Site and neither we nor you have any authority of any kind to bind the other in any respect whatsoever or to take any action which shall be binding on the other, except as authorized in writing by the party to be bound.
Certain portions of the Site enable users to post reviews of, and make submissions and comments regarding various products, projects, and information contained on the Site. If you submit material to the Site, you grant Dibzy a non-exclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, publish and display your submissions throughout the world in any media. Dibzy will not pay you or anyone else for any information that you provide to the Site. You also grant us and our licensees the right to use the name that you submit with your submission in connection with that submission. You are solely responsible for the content of your submissions. We assume no liability for any content submitted by you. You agree that you have no expectation of privacy with regard to any content you submit.
25. Contacting Us. If you have any questions regarding this Agreement or any other matter, please contact us by email at firstname.lastname@example.org.
We hope that you enjoy your visit to this Site and any Product purchased from this Site. Thank you.