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Terms and Conditions of Access and Use

Welcome to Dalana Bell Designs!

By accessing and by using Dalana Bell Design’s website you are deemed to have full and proper legal notice of and are unconditionally and without limitation agreeing to these Terms and Conditions of Access and Use, including the Return Policy and Privacy Policy terms listed below (our “Terms and Conditions”), in their entirety. We reserve all rights, in our sole discretion, to change, alter, update, revise, add to and amend (to make “changes”) these Terms and Conditions at any time. By accessing and by using our website you agree to our right to change these Terms and Conditions, with or without notice, and to any changes we make. If any portion of these Terms and Conditions are determined to be legally invalid for any reason that shall not affect the enforceability of the other legally valid portions. Additionally, there may be other terms, conditions, procedures, rules and/or policies that govern or otherwise affect or pertain to your access to and/or use of this website and/or your purchase and/or other dealings with us that are not stated herein. That any such additional terms are not stated in these Terms and Conditions does not in any way affect their applicability and enforceability.

1. Access and Use of this Website:
You may access and use this website only fully in accordance and compliance with, in consent to, in agreement with, and subject to these Terms and Conditions

Once you complete and submit your membership registration with our website you have opted-in and agreed to receive email and other communications from us. You shall not use this website in any way for any purpose that is unlawful and/or prohibited by, in violation of, and/or inconsistent with these Terms and Conditions, or to solicit or communicate regarding the performance of any illegal activity or other activity which violates, infringes or otherwise harms the rights of Dalana Bell Designs or any other person or entity. Notwithstanding and without limiting the other rights, restrictions, conditions, limitations and/or prohibitions in these Terms and Conditions, specifically, you shall not access or use this website to:

  1. transmit via, through or otherwise using the website any information, data, text, images, files, links or software except in connection with your authorized and compliant use of this website or in response to specific requests for information by us;
  2. upload or otherwise introduce to the website or any other computer or website, viruses, worms, Trojan horses and/or harmful codes and/or other destructive, damaging or corruptive programs or devices;
  3. obtain unauthorized access to the website or any computer system, including without limitation, access to any API that may be provided by Dalana Bell Designs in a manner not expressly authorized by us;
  4. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or the like, or any other form of solicitation;
  5. impersonate any other person, including but not limited to, a registered user of this website or an employee of Dalana Bell Designs;
  6. invade the privacy of or violate or attempt to violate any personal, property or proprietary right, including intellectual property rights, of any person or entity;
  7. misrepresent the identity of a user or use a false e-mail address or otherwise be deceptive and/or misleading;
  8. tamper with or obtain internal access to this website or any component of it or attempt to alter or interfere with it in any way;
  9. conduct or attempt to conduct fraudulent activities, including fraudulent communications;
  10. collect or harvest information regarding other users of the website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial or personal email;
  11. abuse or otherwise misuse the “Invite a Friend” benefit in any way, including, but not limited to, inviting yourself or someone else multiple times under different aliases and/or different email addresses; or
  12. abuse, misuse or misrepresent special discounts, gift certificates, coupons, awards or incentives or the like issued or offered by Dalana Bell Designs and/or by an authorized representative of Dalana Bell Designs. Unless otherwise specified, only one (1) such discount offer, in whatever form, is valid per person, maximum two (2) per household.

2. Website Membership Eligibility:
Website membership is subject to and conditioned upon your agreement with these Terms and Conditions, is required for access to and use of this website, and is available only to persons who are eighteen (18) years of age and older, residents of the United States, and who have not been suspended or removed by Dalana Bell Designs for any reason. We reserve all rights to cancel or suspend any membership at any time for any reason at our sole discretion. By becoming a member you represent that you are of legal age and that you are a resident of the United States and that you agree to these Terms and Conditions in their entirety and any other policies and terms of Dalana Bell Designs. If you are not approved for membership, you may not use this website. You agree to provide only truthful, accurate, current and complete information about yourself as requested by the website member registration form and/or otherwise Dalana Bell Designs.

Members shall not have more than one active account. You have complete responsibility for your account and everything that happens in and through your account. This means, in part, that you need to be careful with your password. If you find out that someone is using your membership or account without your permission or otherwise in violation of these Terms and Conditions, you shall let us know immediately. Additionally, you shall not transfer your account to someone else.
We are not liable for, and hereby expressly disclaim any and all liability for, any harm, damages, losses, costs and/or expenses caused by you or someone else using your account with or without your permission or otherwise in violation of these Terms and Conditions. However, if we or anyone else suffer any harm, damage, loss, cost or expense of any kind due to the authorized or unauthorized use of your account, you may be liable

3. Additional Terms and Conditions:
Additional terms, conditions, policies, procedures, etc. may apply to your access and/or use of this website, the transactions or communications you make using this website or otherwise with Dalana Bell Designs, or your membership or account, of which you may not be aware. By accessing and by using this website you are agreeing to any and all such additional terms and any and all such terms are incorporated into these Terms and Conditions by reference and by your aforementioned agreement to them. You agree to abide by all such other terms and conditions. If there is a conflict between these Terms and Conditions and any other terms posted, emailed or otherwise disclosed or otherwise made effective, applicable to, and/or governing this website or Dalana Bell Designs, or your membership or account and/or use thereof, the more recent terms shall control.

4. Proprietary Rights:
You acknowledge and agree that the content, materials, information and other components (including but not limited to logos, graphics, button icons and page headers) available on the website are solely the property of Dalana Bell Designs and are protected by copyrights, trademarks, service marks and/or other proprietary rights and/or other laws. If you give feedback to us regarding the website, for example, recommendations for improvements or features or the like, any and all such feedback and any and all implementation of that feedback and anything derived from it is owned solely by us and may become part of the website or be otherwise used by us without any compensation to you or any right to any compensation or other benefit arising or otherwise accruing to you. We reserve and assert all rights in, to, for and in connection with and/or arising out of this website, unless we expressly state otherwise.

4.a. Prohibited Use Regarding Proprietary Rights (in addition to not in lieu of other prohibitions, limitations and conditions):

    1. You agree to not and shall not sell, license, rent, modify, distribute, disseminate, transfer, copy, reproduce, transmit publicly, display, publicly perform, publish, adapt, edit or create derivative works from content, information or materials from this website.

You agree to not and shall not use the content, information or materials contained on or obtained or derived from this website for any purpose not expressly permitted in these Terms and Conditions or otherwise expressly authorized by Dalana Bell Designs in writing.

  • You agree to not and shall not use this website or any portion thereof for any purpose not expressly permitted in these Terms and Conditions or otherwise expressly authorized by us in writing.
  • You agree to not and shall not decompile, reverse engineer, disassemble or otherwise reduce the website or a portion thereof to a human-perceivable form, except and only to the extent that such activity is expressly permitted by these Terms and Conditions or otherwise expressly authorized by Dalana Bell Designsin writing and is permitted by all applicable law.
  • You agree to and shall not copy, reproduce, mirror, frameset, enclose or distribute this website or any portion thereof.

 

6. Independent Vendors:
We rely on independent vendors who supply some of the goods advertised on the website, and in some cases, “drop ship” them directly to the member.
Dalana Bell Designs is not responsible or liable for the acts or omissions of any such vendors or any other third parties and disclaims any and all responsibility or liability for the same.
The independent vendors are solely responsible for the content of advertisements and for the goods that they supply, advertise and/or sell through the website. Without limitation, Dalana Bell Designs is not liable for any infringement of copyrights, trademarks, trade dress or of any other proprietary or intellectual property rights of any kind arising out of or related to content posted on or transmitted through the website, or goods advertised and/or sold on the website, by our independent vendors, even if appearing on the website, in emails or other communications or media from us. Nothing on the website shall be deemed to confer on any person or entity any license, right, benefit or entitlement of Dalana Bell Designs or any independent vendor with respect to any image, logo, name or the like.

7. User Content:
You are solely responsible and liable for any “User Content” you post to the website, and any and all consequences of any posting, publishing, communication, distribution or other dissemination of it. By “User Content,” we mean any Content you Post to the website. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. To “Post” includes but is not limited to posting, pasting, uploading, sharing, submitting or otherwise providing User Content in any manner, by any method and in any form in connection with the website. If you post User Content, you are making a guarantee to us that you either own all of the content, material and information you are posting in the User Content, or you have the right to post the same. Furthermore, you are guaranteeing that you have the right to allow us to use and make your User Content available for others to view and use as part of the website without requiring that any such use be subject to additional obligations, restrictions, limitations, conditions or terms. If you do not have these rights, do not post the User Content.

8. By posting your User Content, you do not lose any ownership rights you may have to it:
However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, disseminate, prepare derivative works of, display, and perform your User Content in connection with the website and our business, at our sole and unlimited discretion, in any media formats or tangible forms and through any media now known or hereinafter developed. You also grant each user of the website a non-exclusive royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the website, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the website and in compliance with these Terms and Conditions.

9. Prohibited Content:
If we allow you to Post User Content, you agree to not and shall not:

  1. Post User Content that you don’t have the right to Post, unless you have the owner’s written permission; this includes but is not limited to material and information covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary or other right;
  2. forge headers or manipulate other identifiers in order to disguise the origin of any User Content you Post;
  3. Post any User Content that contains lies, falsehoods, misrepresentations, libel or slander, threats of any kind, harassment or anything else that could or has the potential to harm, damage or otherwise infringe on our business and/or other rights or property interests or those of anyone else;
  4. Post User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
  5. impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
  6. use meta tags or any other “hidden text” utilizing any of our, our independent vendors’ or our suppliers’ product names, trademarks or the like in your User Content; or
  7. Post User Content which in any way disparages or otherwise aims to harm, damage, annoy or harass us or our owners, partners, agents, representatives, employees, vendors, suppliers or affiliates.

We have the sole right and discretion, but not necessarily the obligation, to delete/remove at any time any User Content that violates these Terms and Conditions or that we believe is inappropriate for any reason.

10. Your Posted User Content Becomes Public:
You understand and agree that once you Post User Content, your content becomes public. We are not responsible for keeping any User Content private or confidential. So, if you don’t want the public to see it, you should not Post it on the website. In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary for including but not limited to the following reasons: (a) to satisfy any applicable law, regulation, legal process, demand or request or other governmental or other lawful process; (b) to enforce these Terms and Conditions, including but not limited to the investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; or (d) to protect against harm to the rights, property or safety of Dalana Bell Designs, its owners, representatives or staff, our vendors, partners or affiliates, our customers, the users of this website, or the public as required or permitted by law.

11. We Are Not Responsible for and Disclaim all Liability for User Content:
We generally do not review the User Content posted by our members. We do not endorse any User Content or support any views, opinions, recommendations, advice or the like that may be in User Content. User Content comes from a variety of sources, and we make no promises, assurances or verifications regarding the truth, credibility or reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the website. You may find some of it to be false, misleading, inaccurate, offensive, indecent, or objectionable. However, you agree to not hold us responsible in any way for your access and use of our website, including your exposure to User Content, and we hereby disclaim any and all liability and responsibility for all User Content and any consequences that flow therefrom.

12. Purchasing:
We work with outside providers for maintenance, support and administration of this website. We strive for complete accuracy in the description, pricing and other information regarding the products on the website. However, due in part to the nature of the Internet, occasional glitches, technical issues, errors or mistakes may cause inaccuracies to appear on the website. We have and you agree that we have the right to void any purchases that display an inaccurate price or other mistaken, inaccurate or unintentional information. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, we will void the purchase and attempt to contact you via either phone or email to inquire if you would still like the item for the correct price.

13. Suggested Retail Prices:
We display suggested retail prices for goods offered on the website based on pricing information provided by vendors, suppliers and manufacturers and other sources, and we make no promises about nor assume and responsibility for the truthfulness, reliability or accuracy of any such information listed on the website.

14. Links to Third Party Websites, No Implied Endorsements:
This website may contain links to other websites on the Internet. You agree that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of the material or information contained on any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement of or assumption of liability or responsibility by us for that third party, third party website or of any product or service provided by any third party. You should also read all the terms and conditions and privacy policies of any such other websites.

15. Indemnification:
By accessing and by using this website, you agree to indemnify, hold harmless and defend Dalana Bell Designs, its respective owners, directors, officers, employees, successors, agents, subsidiaries, partners, contractors, vendors, suppliers, manufacturers, distributors, representatives and affiliates from and against any and all claims, lawsuits, legal actions, causes of action, damages, losses, liabilities, and all costs and expenses, including but not limited to costs and expenses of suit and of defense and attorneys’ fees, resulting directly or indirectly from or related to any kind of claim, aforementioned or of another kind, including but not limited to, any claims made by third parties for infringement of intellectual property rights, by a third party that arise out of, in connection with or are related to: (1) your access of, use or misuse of the website; (2) your membership or account; (3) your User Content; (4) your breach of, violation of, or failure to follow or comply with the Terms and Conditions; or (5) your violation of any law or rights of any third party. You agree to cooperate as fully as is reasonably required in the defense of any such claim or matter. We reserve the right to assume the exclusive defense and control of any such claim or matter subject to indemnification by you. Your defense, hold harmless and indemnification obligations shall survive and shall not be impaired or otherwise affected by the termination of these Terms and Conditions and/or your membership, account and/or use of the website.

16. Disclaimer of Warranties:
All items, good, products and merchandise of any and all kinds advertised, offered and/or sold on or through this website are being offered and sold “as is,” “with all faults,” “as available,” and without any express or implied warranties by or from Dalana Bell Designs.This website, its content and all text, images, items, products, goods, merchandise and information on, accessible from or available through this website are provided without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, quality and title or non-infringement. Further specifically, but without limitation, Dalana Bell Designs. does not warrant that: (1) the information available on this website is free of errors; (2) the functions contained on this website will be uninterrupted or free of errors; (3) there are no defects or that defects will be corrected; or (4) this website or the server(s) that make it available are free of viruses or other harmful components.

17. Limitation of Liability:
In no event, shall Dalana Bell Designs. or its respective owners, directors, officers, employees, representatives, agents, successors, subsidiaries, divisions, distributors, vendors, suppliers, affiliates or third parties providing information on this website be liable to any user of the website or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary or other damages, including, but not limited to damages for loss of profits, loss of data or loss of use, arising out of the use or inability to use the website or otherwise, even if Dalana Bell Designs. has been advised of or should have known of the possibility of such damages or loss. In no event shall the total of any liability of Dalana Bell Designs. or its respective owners, directors, officers, employees, agents, representatives, successors, subsidiaries, divisions, distributors, vendors, suppliers, affiliates or third parties providing information on this website to you for all damages, losses, claims and/or causes of action resulting from your use of this website whether in contract, tort, including but not limited to negligence, or otherwise, exceed the amount you paid to us in connection with the applicable event, action, transaction, promotion or circumstance giving rise to such liability or if you have not paid any such amount, $100. Without limiting the foregoing, in no event shall Dalana Bell Designs. or its respective owners, directors, officers, employees, agents, representatives, successors, subsidiaries, divisions, distributors, vendors, suppliers, affiliates or third parties providing information on this website have any liability for any damages or losses arising out of, related to or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of Dalana Bell Designs.

You hereby acknowledge and agree that the waivers, disclaimers, exclusions and limitations of liability shall apply to all content, information, goods, products, items, merchandise and services on and available through the website. Because some states do not allow or restrict exclusions of and/or limitations on implied warranties and/or the exclusion or limitation of certain damages, in such states some or all of the waivers, disclaimers, exclusions and/or limitations may not apply and liability shall be limited as stated herein to the fullest extent permitted by the applicable state law.

18. Not Intended for International Use:
We make no representation that information on this website is appropriate, applicable or available for use outside of the United States. Those who choose to access this website from outside the United States do so solely on their own initiative, at their own risk and are solely responsible for compliance with local laws, if and to the extent any local laws are applicable. You shall not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the website, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. No matter where anyone is accessing this website from, any access and any use of this website must be in compliance with all Terms and Conditions and any access or use not in such compliance is considered unauthorized.

19. Risk of Loss:
The items purchased from our website are shipped by a third party carrier pursuant to a shipment agreement. As a result, all risk of loss and title for such items may pass to you upon our delivery of the item(s) to the carrier.

20. Third Party Vendors:
We are not affiliated with third party websites or other third parties that advertise and/or sell products listed on our website. We are separate and apart from any such third parties. We reserve the right to treat as null and void and not honor any and all offers, terms and conditions, services, return, refund, and other policies regarding orders for and sales of products that were purchased from or through third parties, unauthorized sellers or sellers that violate our Terms and Conditions and/or other policies.
We not responsible for any representations of or information provided by any such third persons and/or entities and disclaim any and all liability and responsibility for the same

21. Unavailability of Website:
We may alter, interrupt, limit, suspend, discontinue or terminate this website in whole or in part, at any time and for any reason, without notice. We may, in our sole discretion, limit, prevent, suspend, discontinue and/or terminate your access to and/or use of any and/or all of this website, and/or your account and/or membership for any reason, with or without cause, for including but without limitation, the failure to comply with these Terms and Conditions and/or our other policies. Also, we may decide to cease making available the website or any portion of the website at any time, for any duration and for any reason. In addition, you acknowledge and agree that temporary interruptions in the availability of the website may occur from time to time. Under no circumstances shall we or our vendors or suppliers be held liable or responsible for any injury, damages, loss, fees, costs or expenses of any kind due to such interruptions or lack of availability.

22. Termination.
If at any time, we notify you that your access to and/or use of the website or your account is terminated, you must cease and desist from all such access and/or use immediately. If we terminate your use of the website for failure to comply with these Terms and Conditions or for other reasons, we will not refund any money you may have paid for goods that have been ordered. You understand and agree that we may also continue to make your User Content available on the website or otherwise use it even if your use of the website is limited, prevented, suspended or terminated. You agree that we will have no liability to you or any third party for any limitation, suspension or termination of your account, membership, User Content or access to or use of to the website, for any reason.

We reserve the right to cancel, void, decline, refuse, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms and Conditions, or any portion thereof, or your membership or account, or this website, are terminated for any reason, the provisions regarding intellectual property matters, representations and warranties, disclaimers, indemnities, hold harmless, defense rights, waivers, limitations and exclusions of liabilities and damages and other legal issues set forth herein, as well as any other of your obligations which by their nature should survive termination, shall survive termination and remain in full force and effect.

23. Copyright Infringement: Notice and Take Down Procedures:
Notice and Take Down Procedures: If you believe that any content, material or information on this website infringes your copyright, you may request in writing that it be removed. This written request must bear the full legal name and signature of the copyright holder or an authorized representative of the copyright holder and must: (a) specifically identify the allegedly infringing material; (b) specifically indicate where on the website the allegedly infringing material is located; (c) provide your full legal name and contact information; (d) state in writing that you have a good faith belief that the material is infringing on your copyright; (e) in writing specifically identify your copyright; (f) state in writing that all of the information in your claim is truthful and correct and provide the date of your claim; and (g) state in your signed and dated writing that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf and that your foregoing claim is true and correct. Our contact for alleged copyright issues related to this website is:

24. Choice of Law and Forum; Mandatory Mediation:
These Terms and Conditions, Dalana Bell Design’s other policies and any claim, dispute, lawsuit or other legal matter or action of any kind that may arise between you and Dalana Bell Designs and/or its subsidiaries, owners, directors, officers, principals, partners, representatives, agents, employees or affiliates shall be governed, determined, decided, construed and interpreted solely by and in accordance with the laws of the state of Florida, without regard to conflict of law principles or the law of any other jurisdiction or forum. You and Dalana Bell Designs agree that any such claims, causes of action, disputes or lawsuits shall be brought exclusively in courts located within the county of Martin, State of Florida, and you and Dalana Bell Designs further agree to and do submit to the personal, subject matter and exclusive jurisdiction of said courts. You consent to the jurisdiction and venue of and in said courts and irrevocably waive any objection thereto including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such, claim, dispute, lawsuit, action or proceeding. You agree that if you want to bring any claim against or sue Dalana Bell Designs and/or its subsidiaries, owners, directors, officers, principals, partners, representatives, agents, employees or affiliates you must properly legally serve Dalana Bell Designs with detailed written notice of your claim and the legal and factual grounds therefor before filing or serving any lawsuit and file and serve your lawsuit within one year of the event that gave rise to your claim or lawsuit. If you fail to do so, any claim or lawsuit will be permanently barred. You further agree with Dalana Bell Designs that before any lawsuit may be filed or served by you, you must provide the aforementioned notice and explanation of your claim and attempt in good faith to resolve any claim or dispute between you and Dalana Bell Designs and/or any of its subsidiaries, owners, directors, officers, principals, partners, representatives, agents, employees or affiliates by mediation in Martin County, Florida, or another location by mutual written consent to and agreement between the parties, conducted by a mediator or mediators selected by Dalana Bell Designs. The prevailing party in any such claim, dispute or lawsuit shall be entitled to the recovery of attorneys’ fees, costs and expense incurred in connection therewith.

25. Damages:
In addition to any injunctive relief and regardless of whether a lawsuit is filed, you agree to pay to Dalana Bell Designs the total amount of all actual damages, including but not limited to direct, indirect, consequential and incidental damages, caused by any violation of these Terms and Conditions for which you are responsible; EXCEPT you acknowledge and agree that, for certain Terms and Conditions violations, actual damages may be difficult or impossible to quantify. Consequently, for any such Terms and Conditions violations, you agree to pay liquidated damages to Dalana Bell Designs as described below. Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of Dalana Bell Design’s damages for any such violations, and that liquidated damages for violations of the Terms and Conditions are and shall be cumulative.

For purposes of calculating liquidated damages: “Item of Content” means each instance of content of any type posted to, stored on or transmitted by or through or otherwise using the website by any user; and “Instance of Unauthorized Conduct” means each individual time Dalana Bell Designs servers are accessed in connection with, related to or in facilitation of a violation of the Terms and Conditions. With respect to the Instances of Unauthorized Conduct enumerated in paragraphs 1(c) and 1(j) above or for continuing to access the website after notification pursuant to paragraph 22 that access and use of the website terminated, each day that Dalana Bell Designs servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.

  1. For violating Sections 1(a), 1(d), 1(g), 1(h), 1(l), 5(a), 5(b), 5(d) or any part of Section 9 of these Terms and Conditions, you agree to pay $100 for each Instance of Unauthorized Conduct and for each prohibited Item of Content;
  2. For violating Sections 1(c), 1(e), 1(f), 1(j) and 1(k) of these Terms and Conditions, you agree to pay $1,000 for each Instance of Unauthorized Conduct;
  3. For violating Sections 1(b), 1(i), or 5(c) of these Terms and Conditions, or continuing to access or use the website after your membership, account or use has been terminated pursuant to Section 22, or after you have been suspended or removed from using the website pursuant to the first paragraph of Section 2, you agree to pay $25,000 for each Instance of Unauthorized Conduct.

27. Miscellaneous:
Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and Dalana Bell Designs with respect to the access and use of website and supersede all prior or contemporaneous communications, proposals and agreements, whether oral, written or electronic, between you and Dalana Bell Designs with respect to the access and use of the website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Dalana Bell Designs to act with respect to a violation or breach by you or others does not in any way waive, prevent, reduce or limit Seaside Daze, Inc.’s rights to act with respect to subsequent or similar violations or breaches. Dalana Bell Design’s failure to exercise, enforce or otherwise assert or pursue any right, remedy or provision of these Terms and Conditions shall not constitute a waiver of such right, remedy or provision. The section headings contained in these Terms and Conditions are included for convenience only and shall not limit or otherwise affect the terms of these Terms and Conditions. These Terms and Conditions, and any rights, benefits or licenses granted under these Terms and Conditions, may not be transferred or assigned by you, but may be assigned by us without restriction. We shall not be liable to you for any delay or failure to perform any obligation we have under these Terms and Conditions if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, force majeure, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

Return Policy

All orders are final once placed

No returns are accepted, with the following exception: a “Qualifying Damaged Item”.

If an item purchased through our website
arrives to you damaged prior to your receipt of it through no fault of yours or anyone acting on your behalf and is properly documented by you immediately upon receipt
(a “Qualifying Damaged Item”) we will accept the return and replace the item with the same item type, subject to all Terms and Conditions. You must notify us with twenty-four (24) hours of your receipt of the alleged Qualifying Damaged Item to be eligible for a return (see instructions immediately below).

Simply fill out the form
accessible at this link

and let us know in detail what happened. You can also email us a completed form or print out the completed form and fax it to us at the email address and fax number listed in the Contact Us section below. Attach or otherwise include any pictures you can take of the Qualifying Damaged Item(s). We will make every effort to timely evaluate and decide your return request, contact you and let you know our determination, and if approved, send you the replacement item free of charge. The Qualifying Damaged Item must be returned to us in its original packaging before a replacement item will be issued.

Privacy Policy

Posted on: ___________; Last Updated on: _____________

This Privacy Policy explains how information about you is collected, used and disclosed by Dalana Bell Designs and its partners, subsidiaries and/or affiliates. This Privacy Policy applies to the information we collect when you access and use our website, mobile applications and other online products and services (collectively the “Services”) or when you otherwise interact with us as described below.

We reserve all rights to and may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date listed directly under Privacy Policy section heading above, and in some cases, we may provide you with additional notice, such as adding a statement to the homepage of our website or sending you an email or other notification or otherwise. We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we may collect information when you create an membership account, use the interactive areas and features of our Services, Invite a Friend to use our Services, make a purchase, communicate with us via third party social media websites, participate in a contest or promotion, request customer support or otherwise communicate or interact with us. The types of information we may collect include your name, email address, phone number, billing and shipping addresses, credit card information, shopping preferences, demographic information and any other information you choose to provide. In some cases, we may also collect information you provide about others. For example, we may ask you to provide the email address of the friend who invited you to join our Services.

Information We Collect Automatically
When you access or use the Services, we automatically collect information about you, including:

Log Information:
We log information about your use of the Services, including your access times, pages viewed, Internet Protocol (“IP”) address, browser type and language and the website you visited before navigating to our Services. We may also infer your geographic location based on your IP address.

Device Information:
We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.

Information Collected by Cookies and Other Tracking Technologies:
We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to, among other things, improve our Services and your experience, see which areas and features of our Services are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used on our Services or in our emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine if an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Your Choices” below.

Information We Collect From Other Sources
We may also obtain information from other sources and combine that with the information we collect through our Services. For example, if you create or log into your Dalana Bell Designs account through a third party social media website, we will have access to certain information from that website, such as your name, email address, account information and friends lists, in accordance with the authorization procedures determined by such social media website.

Use of Information
We may use information about you for various purposes, including but not limited to, for:

  • operating and improving the website and our services;
  • providing the products, services and information you request, processing transactions and sending you related information, including confirmations and receipts;
  • sending you technical notices, updates, security alerts and support and administrative messages;
  • responding to your comments and questions and providing customer service;
  • confirming orders attributable to your account and tracking the results of invitation referrals;
  • monitoring and analyzing trends, usage and activities in connection with the Services;
  • personalizing and improving the Services and providing advertisements, content or features that match your profile and interests;
  • processing and delivering contest entries and rewards;
  • communicating with you about new products, services, contests, promotions, rewards, special offers, upcoming events and other news about Dalana Bell Designs and our selected partners, suppliers, vendors and affiliates;
  • linking or combining with other information we receive from third parties to help understand your needs and provide you with better service;
  • carrying out any other purpose for which the information was collected;
  • investigating and otherwise responding to and handling violations of these Terms and Conditions; and
  • storing information and otherwise managing it at our sole discretion.

Sharing of Information
We will not share your personal information with third parties except as follows:

  • with third party vendors, suppliers, shippers, consultants and other service providers who are working with us or on our behalf and need access to your information to carry out their work for us;
  • when you give us your consent, including if we notify you that the information you provide will be shared in a particular manner and you provide such information;
  • when you sign up for and participate in the interactive areas of our Services, certain information about you may be displayed publicly;
  • with third parties for their own marketing and business purposes (if you are a Florida resident, please see “Your Choices” below for more information about your privacy rights with respect to this type of sharing);
  • in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation, or in connection with an investigation and processing of a violation of these Terms and Conditions or a claim, dispute or lawsuit between us;
  • if we believe your actions are inconsistent with our Terms and Conditions, user agreements or other policies, or to protect the rights, property and safety of Dalana Bell Designs or others; and
  • in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.
  • We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

Social Sharing Features
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

Advertising and Analytics Services Provided by Others
We may allow others to serve advertisements on our behalf across the Internet or by other means and to provide analytics services.

Some of these persons or entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by Dalana Bell Designs and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices and www.networkadvertising.org/managing/opt_out.asp. We may also work with third parties to serve ads to a customized group of users on other websites or platforms, unless you notify us that you prefer not to have information about you used in this way.

Security
Dalana Bell Designs takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction without assuming and instead expressly disclaiming any and all responsibility or liability regarding the same.

Your Choices

Account Information
You may update, correct or delete information about you at any time by logging into your online account or sending an email with your request to
customercare@___________.com.
If you wish to deactivate your account, please email us at
customercare@________.com
but note that we may retain certain information about you as required by law, for legitimate business purposes, and as stated in these Terms and Conditions. We may also retain cached or archived copies of information about you for a certain period of time.

Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

Promotional Communications
You may opt out of receiving promotional communications from Seaside Daze at any time by following the instructions in those messages or by contacting
customercare@________.com
If you opt out, we may still send you non-promotional communications, such as emails about your account and our ongoing business relations. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten (10) business days as we process your request.

Notifications/Alerts
With your consent, we may send notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

Your Florida Privacy Rights
Florida law permits residents of Florida to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a Florida resident and would like to make such a request, please write to Seaside Daze, Attn: Legal, 379 Tequesta Drive, Tequesta, FL 33469.

Contact Us
If you have any questions about these Terms and Conditions or about anything else please contact us at: info@dalanabelldesigns.com or calling us at: 844-821-8445.

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