Terms of Use

Please carefully read the following Terms of Use before using the Dylan’s CandyBar, LLC Web Site (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated or changed from time to time by Dylan’s CandyBar, LLC at our sole discretion. Your continued use of the Site after any updates or changes shall be considered acceptance of such updates or changes. Dylan’s CandyBar, LLC may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Accordingly, you should check the date of the Terms of Use (which appear at the end of the Terms of Use) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

Prices and Quantity Limits

We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

Copyright

All content included in the Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Dylan’s CandyBar, LLC or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Dylan’s CandyBar, LLC and protected by U.S. and international copyright laws. All software used on the Site is the property of Dylan’s CandyBar, LLC or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.

Trademarks

All trademarks, logos, service marks and trade names appearing on this Site are proprietary to Dylan’s CandyBar, LLC or other respective owners that have granted the Site the right and license to use such intellectual property.

Community Forum and Other Services

This Site may operate a community forum or other features that involve input from users or customers, or the expression of opinions by users or customers (sometimes referred to as “Services”). You agree that any information, feedback, questions, comments and/or submissions to any of our Services (hereinafter “Submissions”) shall be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever. Any Submission may be removed by Dylan’s CandyBar, LLC at any time, at the sole discretion of Dylan’s CandyBar, LLC. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. You hereby waive all rights you may have in any materials uploaded or sent to us by you. Services operated on the site may or may not be supervised or moderated by Dylan’s CandyBar, LLC. Regardless of whether or not supervision or monitoring takes place, Dylan’s CandyBar, LLC is not responsible for the content of any submissions. All submissions reflect the input and opinion of the user and do not reflect the input or opinion of Dylan’s CandyBar, LLC. Dylan’s CandyBar, LLC is not liable in the event that any submissions are false, defamatory, obscene, offensive or infringe in any way upon legal or other rights of third-party, or violate these terms of use in any way.

In addition to the foregoing, you will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:

• promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
• is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
• contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.);
• contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
• promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
• is intended to defraud, swindle or deceive other users of the Services;
• contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
• promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
• disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
• is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
• impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
• solicits gambling or engages in any gambling or similar activity;
• uses scripts, bots or other automated technology to access the Site or Services; attempts to gain unauthorized access to the Site via hacking, password mining or any other means; or attempts to interfere with the proper working of the Site;
• accesses, retrieves, or indexes any portion of the Site for purposes of constructing or populating a searchable databases of content;
• frames or reformats any portion of the Site;
• uses the Site or Services for chain letter, junk mail or spam e-mails;
• collects or solicits personal information about anyone under 18; or
• is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

Registration, Accounts and Passwords

If you register and create an account on the Site you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers.

You agree to notify Dylan’s CandyBar, LLC of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of your password or other account identifiers. Dylan’s CandyBar, LLC shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

Disclaimer

The information, services, products offered for sale and materials contained in and/or advertised on the site, including, without limitation, text, graphics and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, dylan’s candybar, llc and its suppliers disclaim all representations and warranties, express or implied, with respect to such information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, dylan’s candybar, llc and its suppliers do not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Information

Most products displayed on the Site are available in Dylan’s Candy Bar full-price retail stores in the United States while supplies last. In some cases, products displayed for sale on the Site may not be available in stores. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on the Site.

Links to Other Web Sites

This Site may contain links to Web sites other than our own. Dylan’s CandyBar, LLC does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors.

Idea Submissions

Our policy is to not to accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. We employ a top flight staff and consultants who may be working on the same or similar ideas you have thought up. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed new idea, whether as part of a community forum or as part of a review, or through other means, your message will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose.

Limitation on Liability

In no event shall Dylan’s CandyBar, LLC or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if Dylan’s CandyBar, LLC has been previously advised of the possibility of such damages, whether in an action, under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from the site. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Severability

If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from the Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

Choice of Law; Jurisdiction

The laws of the State of New York shall govern these Terms of Use without giving effect to any principles of conflicts of law. If any disputes arise between you and Dylan’s CandyBar, LLC regarding the Terms of Use, the federal and state courts of New York shall have exclusive jurisdiction over all disputes.

Dated: February, 2009