DIBSIES Policies
Store Policies
Ordering:
All purchased orders are normally acknowledged via email within 10 minutes after the order is placed and at the very latest, within 24 (business) hours of the order being placed. If you do not receive your order confirmation, please check your Spam or Junk email folders.
Guarantee & Returns:
We make personalized gift-giving easy, fast and letter-perfect -- we guarantee it!
Our buyers select only the highest quality gifts, which are then customized just for you! We inspect every item again for quality and accuracy before it ships to you or someone special.
We guarantee our personalized products to be free of manufacturing errors or
product defects. If there is a quality issue with your order, you may return it in new condition and in its original packaging for a prompt exchange for the same item, or immediate full refund. Understandably, personalized items cannot be accepted for return, unless there is a manufacturing error or product defect. All refunds and exchanges must be made within 30 days of receipt.
Out-of-Stock Items:
In the event that the item(s) you ordered are not in stock, you will be contacted with the option to backorder the item(s) or cancel your order. All backordered items which are canceled will be issued a 100% refund.
Cancellations / Changes:
A full 100% refund on Non-Personalized items will be given for any order cancellation made before product is in transit, at any time, no questions asked. There are no cancellations for Personalized items which include customized embroidery, print, or engravings.
If for any reason an order for Non-Personalized items is cancelled when the product(s) is in transit, the Customer will be charged a 25% re-stocking fee plus shipping. Any order quantity change must be made within 24 hours of receipt of the original purchase order, before product is shipped.
Shipping & Delivery:
Unless otherwise stated or noted that a product is out of stock, D&D Merchants LLC (DBA DIBSIES) will ensure most products ship 2-7 business days after order is placed. Normal method of delivery for our products is Standard or Ground via several transportation service providers. We reserve the right to change shipping companies at any time. D&D Merchants LLC (DBA DIBSIES) reserves the right to cancel backorders without notice.
All claims for faulty or broken product during transportation must be made by the Customer to the Shipping Company. For undeliverable or refused shipments, the Customer who ordered the goods will not be refunded the cost of the product or shipping. D&D Merchants LLC (DBA DIBSIES) will not allow any returned merchandise without authorization. Please email cs@dibsies.com and request a Return Authorization Number (RA#).
Privacy policy:
D&D Merchants LLC (DBA DIBSIES) respects the privacy of its customers. All information gathered by D&D Merchants LLC (DBA DIBSIES) through your order is kept strictly confidential and will not be distributed to any company or individual EVER. Any information you give us is held with the utmost care and security, and will not be used in a manner to which you have not consented. The information will be used only to make sure that your order gets delivered to you in the timeliest manner possible.
Terms of Sale
Our products
Our products are sold subject to their product description and any supporting information such as size, color and estimated delivery dates. We reserve the right to refuse orders where the product information, price or product promotion has been incorrectly published.
Natural raw materials used for construction of our furnishings will have variations in areas such as (but not limited to) color, pattern, grain and texture. This includes substances such as wood and leather. These variations may appear in different surfaces of a single item, an area of a product when compared with that same area on an identical product, or on differing surfaces of different pieces of a matching set.
We do make every effort to ensure all of the product information is correct at the time when we upload the product information to the website. However, the information may not be completely accurate at the time that you place an order. When placing an order you must confirm the details of the product before purchasing.
We take all reasonable care to portray our products accurately but pictures are for reference only. Please be aware that the reproduction of colors is dependent on the settings and calibration of your computer monitor or device's screen and they will vary from device to device and from screen to screen. We therefore cannot guarantee that the colors shown will accurately represent the color of the goods you receive.
If you purchase the same goods at different times or in more than one order, we cannot guarantee that the goods we supply will come from the same batch and be an exact color match with each other.
All measurements quoted on this site must be taken to be approximate. If dimensions are important to you, especially in regard to larger items that you need to fit specific a space, please ensure that you contact us to obtain precise dimensions.
All products are subject to availability. We will inform you by email as soon as possible if goods you have ordered are not available. If for any reason beyond our control we are unable to supply any products then you will be offered a full refund or, if available and acceptable to you, substitute items of equivalent price.
To get the most out of your purchases you should take care to follow any care instructions supplied. The items we sell are for consumers for general domestic use only. They must only be used for their intended purpose.
THE ACRYLIC/LUCITE/PLASTIC USED FOR CONSTRUCTION OF SOME ITEMS IS HIGHLY SUSCEPTIBLE TO SURFACE SCRATCHES, WHICH APPEAR AS A SCUFFS OR SMALL SCRATCHES. Our manufacturer's factory works to minimize the appearance of these on the surface of the material, but it is not completely avoidable with the factory's current technologies and manufacturing processes. You may notice scuffs on any exterior portion of this or similar products. It occurs during the packaging process, ocean import transit, transit to your door with the carrier, or during normal use. PLEASE EXPECT SCUFFS AND/OR SMALL SCRATCHES TO OCCUR.
This is the Website of Dibsies Personalization Station, which is not an affiliated company of Spin Master. The representations made on this Site are those of Dibsies Personalization Station.
Prices
Prices are as set out on this website. It may, from time to time, be necessary to change prices either up or down. We reserve the right to alter prices at any time without prior notice. Any price changes will be confirmed to you when you make an order.
The price for the goods (including, where applicable, any delivery charges) is as set out in the order confirmation.
You must pay in full for the goods (including any applicable delivery charges) at the time of placing your order. Ownership in the goods we supply to you will not pass until we have received all sums due and payable by you for or in connection with the goods, including (where applicable) delivery charges.
Placing an order
When you place an order to purchase a product your order represents an offer to us to purchase a product. A contract is only formed when you receive a copy of your email order confirmation. Any products on the same order which we have not confirmed as accepted in your order confirmation do not form part of the contract.
D&D Merchants LLC (DBA DIBSIES) reserves the right to cancel orders, at no cost to you.
Changes to orders
Once you have received confirmation of your order, changes to your order, including the arrangements for delivery or collection, can only be made by contacting us via email or phone. Changes made to your order after the original confirmation may change the delivery date of your order. We will give you an indication of a new estimated delivery date once we have confirmed the changes to your order.
Delivery Information
Please note that the estimated delivery times are only estimates and cannot be guaranteed.
Delivery is only available to the 48 contiguous United States.
Goods are provided to you on approval and legal title to the goods does not pass to you until 14 days after delivery. Your statutory rights are not affected by this statement.
Delays in Delivery
Occasionally the delivery of your goods may be delayed by circumstances outside our control. If for any reason we are unable to deliver the goods or to have them ready for collection within the original approximate time frame then we will notify you of the delay and new time frame as soon as possible. If you cannot wait for the goods, you must let us have notice of cancellation from the person who placed the order within 7 calendar days of you receiving notification about the delay. If we receive your notice of cancellation as set out above within such 7 day period, then we will let you have a full refund. However, D&D Merchants LLC (DBA DIBSIES) cannot accept any liability for any losses you incur (including loss of earnings) or for compensation for perceived inconvenience that may be suffered due to any delay.
Arrival of Goods
On delivery of your Furniture products, you will be asked to sign for the goods and to inspect any upholstery goods that have been unpacked to ensure you accept them. For this reason you should be present at delivery yourself. However, if you do ask someone else to take delivery for you, then you must make sure that they are aware of what they need to do.
No goods will be assembled for you at the standard shipping rate. If you would like any goods to be assembled, our online service team can give you details and prices and will be pleased to recommend a home assembly provider so you can arrange this.
Quality
Please notify us of obvious defects that are apparent on first inspection of the goods, such as missing parts or damage, within 7 days of delivery and additionally, wherever possible, by describing the defects on the ‘proof of delivery’ document you are asked to sign. For other defects, please notify us as soon as you discover those defects and at the latest within 7 days of delivery.
You agree that we (or our appointed agents) may examine and test any goods that are claimed to be defective to establish whether those defects are our responsibility. Where we need to send the goods away for examination and testing, then you will permit us (or our agents) to collect the goods from you for that purpose.
Where defective goods are exchanged, you must allow us to collect the defective goods from you. Please also note that you may have to wait for replacement goods that are non-stock items or are made-to-order.
For self-assembly goods, it is important that you read the assembly instructions carefully as we cannot accept responsibility for any self-assembly goods that are damaged because instructions were not properly followed.
Where it cannot otherwise be established that we supplied any goods that are claimed to be defective, for example because sewn-in labels have been removed, then we may require you to produce proof of purchase.
When we are satisfied that the goods are faulty you will be offered a replacement or full refund of the original purchase price. Nothing in this section affects your statutory rights as a consumer.
Terms of Use
TERMS OF USE AGREEMENT
- ACCEPTANCE OF TERMS
- Your use of D&D Merchants LLC (DBA DIBSIES) website, tools, services, Content (as defined below) and/or products, including your shopping on the Site (referred to collectively as the “Services”) is subject to this Terms of Use Agreement (this “TOU Agreement”). BY ACCESSING, BROWSING, AND/OR USING THE SERVICES (referred to as “Use” or “Using” the Services), YOU ARE DEEMED TO ACCEPT THIS TOU AGREEMENT AND YOU AGREE TO BE BOUND BY THIS TOU AGREEMENT WITH RESPECT TO USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THIS TOU AGREEMENT, DO NOT USE THE SERVICES.
- REVISIONS TO THE TOU AGREEMENT
- D&D Merchants LLC (DBA DIBSIES) may revise this TOU Agreement in its sole discretion. Each time changes are made to this TOU Agreement, a revised TOU Agreement will be posted on the DIBSIES home page. If you continue to Use the Services following the posting of a revised TOU Agreement, it will constitute your acceptance of any such changes and of the revised TOU Agreement. The most current version of this TOU Agreement will always be made available by us here. Please check this page from time to time to view the most current TOU Agreement.
- INTELLECTUAL PROPERTY RIGHTS
- The Services and all text, graphics, logos, button icons, images, audio, video, databases, design, codes, and software (“Content”) are intended for your personal use. D&D Merchants LLC (DBA DIBSIES) is the owner of the compilation of Content that is posted on the Site. However, D&D Merchants LLC (DBA DIBSIES) Furniture may not necessarily own each component of the compilation. The Content that D&D Merchants LLC (DBA DIBSIES) makes available on the Site may be owned by D&D Merchants LLC (DBA DIBSIES), owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content may be in the public domain and some Content may be protected by third-party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.
- D&D Merchants LLC (DBA DIBSIES) endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, use restrictions, etc.); however, D&D Merchants LLC (DBA DIBSIES) can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Site, please contact .
- INTERACTIVE SITE FEATURES AND THIRD-PARTY CONTENT
- D&D Merchants LLC (DBA DIBSIES) may provide certain interactive features, such as blogs, for the exchange of ideas and information by visitors. IfD&D Merchants LLC (DBA DIBSIES) provides such features,D&D Merchants LLC (DBA DIBSIES) encourages you to interact with its Site, subject to the following conditions:
- You are solely responsible for the content that you submit. You agree that all content you submit is accurate, and the use of such content will not violate this TOU Agreement or cause injury to any person or entity.
- By posting content, you are granting D&D Merchants LLC (DBA DIBSIES) (and those authorized by D&D Merchants LLC (DBA DIBSIES)) a limited, non-exclusive, transferable, royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, distribute, adapt, display, publish, modify, create derivative works from, and translate such content for any educational, promotional, or other purposes without any obligation to compensate you or any other third party in any way for such use. You also grant D&D Merchants LLC (DBA DIBSIES) the right, but not the obligation, to use the name that you submit with such content.
- You will not post any content that is unlawful, harassing, discriminatory, libelous, obscene, false, inflammatory, pornographic, or that infringes on the rights of any third party.
- You will only post content that is yours or for which you have received permission to post from the person or entity that owns the content and the related intellectual property rights.
- You will not insert your own or a third party’s advertising or promotional content into your posting.
- You understand that D&D Merchants LLC (DBA DIBSIES) may monitor or review discussions, chats, postings, transmissions, bulletin boards, or any other postings from time to time and reserves the right, in its sole discretion, to edit or remove any content that does not comply with these conditions.
- You understand that D&D Merchants LLC (DBA DIBSIES) assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger, or inaccuracy contained in any posted information or from any failure or delay in removing such content or from your violation of the Children’s Online Privacy Protection Act.
- You will not introduce any software viruses, worms, or other programs designed to damage software, hardware, or telecommunications equipment.
- You agree that you will not collect information about the users of the Site or use such information for any purpose.
- You are not under the age of 13.
- D&D Merchants LLC (DBA DIBSIES) reserves the right to monitor content or information provided by Site visitors in its sole discretion, to edit or remove any content that, in D&D Merchants LLC (DBA DIBSIES) judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. D&D Merchants LLC (DBA DIBSIES) is not responsible for any user-generated content that is posted on the Site or for any failure or delay in removing such content.
- YOUR ACCOUNT
- If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. D&D Merchants LLC (DBA DIBSIES) may sell products made for children, but it is D&D Merchants LLC (DBA DIBSIES) intention to only sell such products to adults. It is D&D Merchants LLC (DBA DIBSIES) intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent.
- D&D Merchants LLC (DBA DIBSIES) PRIVACY POLICY
- Our Privacy Policy governs the collection and use of certain information that will be obtained by us as you use the Services. Please review our Privacy Policy before you use the Services.
- AUTOMATED QUERIES ARE NOT ALLOWED
- Automated queries may never be sent by you to our Services unless D&D Merchants LLC (DBA DIBSIES) has provided you with express written permission. “Sending automated queries” includes, among other things:
- using any software that sends queries to our Site to determine how a Website or Webpage “ranks” for various queries;
- “meta searching”; and
- performing “offline” searches on the Site.
- Automated queries may never be sent by you to our Services unless D&D Merchants LLC (DBA DIBSIES) has provided you with express written permission. “Sending automated queries” includes, among other things:
- SERVICES MATERIALS
- You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated.D&D Merchants LLC (DBA DIBSIES) is not responsible for any Content that you upload, download, post, email, transmit or otherwise make available or access via the Services. D&D Merchants LLC (DBA DIBSIES) may not control the Content posted or collected via the Services. D&D Merchants LLC (DBA DIBSIES) does not guarantee the accuracy, integrity, or quality of such Content, nor does it guarantee that the products, Content, and/or Services will meet your requirements or that the use of the Services will be uninterrupted or error free.D&D Merchants LLC (DBA DIBSIES) is never liable for any Content, 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 any Content posted, emailed, transmitted, or otherwise made available via the Services. It is your responsibility to ensure that any data or information submitted to D&D Merchants LLC (DBA DIBSIES) to receive Services is true and accurate, and is kept up-to-date, including, without limitation, contact information and payment card number and associated information. Your use of any Content is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Content.
- You agree to:
- only Use (or attempt to Use) the Services through interfaces provided by D&D Merchants LLC (DBA DIBSIES);
- comply with the instructions in any robots.txt file present on the Services;
- provide all equipment that is necessary to access the Services;
- protect the security of the password that you use to access the Services and immediately notify D&D Merchants LLC (DBA DIBSIES) at if you believe or have reason to believe that such security has been breached;
- You agree to not use the Services to:
- engage in activity that is in violation of this TOU Agreement or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm or threaten to harm users in any manner;
- harm or threaten to harm minors in any manner;
- stalk or harass any person or entity;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
- use the Services to advertise or perform any commercial solicitation;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs.
- You acknowledge that D&D Merchants LLC (DBA DIBSIES) does not warrant or guarantee that any product descriptions or other Content on the Site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to any error, including a typographical error or error in pricing or product information received from D&D Merchants LLC (DBA DIBSIES) suppliers, D&D Merchants LLC (DBA DIBSIES) has the right to refuse or cancel any orders placed for products listed at the incorrect price. D&D Merchants LLC (DBA DIBSIES) has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, D&D Merchants LLC (DBA DIBSIES) shall issue a credit to your credit card account in the amount of the charge as soon as reasonably possible. For more on returns or exchanges, see D&D Merchants LLC (DBA DIBSIES) Store Policies.
- You acknowledge, consent and agree that D&D Merchants LLC (DBA DIBSIES) may access, preserve and disclose your account or user information (if such information exists) as described in the Privacy Policy or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU Agreement; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of D&D Merchants LLC (DBA DIBSIES), its users and the public.
- All items purchased through D&D Merchants LLC (DBA DIBSIES) are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon D&D Merchants LLC (DBA DIBSIES) tender of the item to the carrier.
- INTERSTATE DATA TRANSMISSIONS
- You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by D&D Merchants LLC (DBA DIBSIES) and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
- By agreeing to this TOU Agreement, you acknowledge that Use of the Services results in interstate data transmissions because of D&D Merchants LLC (DBA DIBSIES) network architecture, business practices, and the manner in which electronic communications are processed.
- INTERNATIONAL USE
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- INDEMNITY
- You agree to indemnify and hold D&D Merchants LLC (DBA DIBSIES) and its affiliates, subsidiaries, officers, stockholders, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you access, submit, post, transmit, or otherwise make available through the Services, your Use or misuse of the Services, your connection to the Services, your violation of this TOU Agreement, or your violation of any rights of another.
- NO RESALE OF SERVICES
- You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by D&D Merchants LLC (DBA DIBSIES) in a separate agreement between you and D&D Merchants LLC (DBA DIBSIES).
- MODIFICATIONS TO SERVICE
- D&D Merchants LLC (DBA DIBSIES) may modify, refuse to make available, remove, or discontinue, temporarily or permanently, the Services (or any part thereof) and/or delete any Content, data, materials or information stored on the Site or in the Services at any time with or without notice in D&D Merchants LLC (DBA DIBSIES) sole discretion. You agree that D&D Merchants LLC (DBA DIBSIES) shall not be liable to you or to any third party for any such deletion, modification, suspension or discontinuance of the Services or Content.
- TERMINATION
- You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by D&D Merchants LLC (DBA DIBSIES) in a separate agreement between you and D&D Merchants LLC (DBA DIBSIES).
- ADVERTISERS
- Your correspondence or business dealings with, or participation in promotions of, advertisers and/or companies found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or company. You agree that D&D Merchants LLC (DBA DIBSIES) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or companies on the Services.
- LINKS
- The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that D&D Merchants LLC (DBA DIBSIES) is not responsible for the availability of such external 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. You further acknowledge and agree that D&D Merchants LLC (DBA DIBSIES) shall not be 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.
- DISCLAIMER OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION.
- YOUR USE OF THE SERVICES AND PRODUCTS ON THE SITE IS AT YOUR SOLE RISK. UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, THE SERVICES AND PRODUCTS SOLD ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, D&D Merchants (DBA DIBSIES) AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
- UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, D&D Merchants LLC (DBA DIBSIES) AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR OTHER MATERIALS OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SERVICES OR ON THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR WILL BE ACCURATE OR RELIABLE; (ii) THE QUALITY OF SERVICES OR OTHER MATERIAL OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS IN THE SERVICES (INCLUDING ANY SOFTWARE) WILL BE CORRECTED.
- ANY MATERIAL OR PRODUCTS UPLOADED, TRANSMITTED, ACCESSED, PURCHASED, OR DOWNLOADED FROM THE SERVICES (INCLUDING FROM ON THE SITE), INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, OR SOFTWARE, OR MATERIAL OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS PURCHASED, USED, AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK; AND D&D Merchants LLC (DBA DIBSIES) AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO ANY COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE USE OF THE SERVICES OR UPLOAD, POSTING, TRANSMITTAL, PURCHASE, OR DOWNLOAD OF CONTENT, FILES, OR SOFTWARE OR OTHER MATERIAL OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM D&D Merchants LLC (DBA DIBSIES) OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT D&D Merchants LLC (DBA DIBSIES), ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF D&D Merchants LLC (DBA DIBSIES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
- EXCLUSIONS AND LIMITATIONS
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
- NO THIRD PARTY BENEFICIARIES
- This TOU Agreement is not enforceable by or for the benefit of any third party.
- TRADEMARKS
- Without D&D Merchants LLC (DBA DIBSIES) prior permission, you agree not to display or use in any manner the D&D Merchants LLC (DBA DIBSIES) marks.
- DMCA NOTICE
- If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of D&D Merchants LLC (DBA DIBSIES) identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
- ELECTRONIC COMMUNICATIONS
- You agree to receive communications from D&D Merchants LLC (DBA DIBSIES) electronically. D&D Merchants LLC (DBA DIBSIES) will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that D&D Merchants LLC (DBA DIBSIES) provides to you electronically satisfy any legal requirements that such communications be in writing.
- GENERAL INFORMATION
- Entire Agreement. This TOU Agreement constitutes the entire agreement between you and D&D Merchants LLC (DBA DIBSIES) and governs your use of the Services, superseding any prior agreements between you and D&D Merchants LLC (DBA DIBSIES) with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other D&D Merchants LLC (DBA DIBSIES) products and/or services, affiliate services, third party content, or products, or third party software.
- Waiver. The failure of D&D Merchants LLC (DBA DIBSIES) to exercise or enforce any right or provision of this TOU Agreement or breach of this TOU Agreement by you shall not constitute a waiver of such right or provision.
- Severability. If any provision of this TOU Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TOU Agreement will continue in full force and effect.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOU Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Section Titles. The section titles in this TOU Agreement are for convenience only and have no legal or contractual effect.
- The effective date of this TOU agreement as modified is October 10, 2013.