Terms and Conditions
Use of this Site
All materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of DYLANSCANDYBAR.COM or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. DYLANSCANDYBAR.COM, the Dylan’s Candy Bar logo and the Dylan’s Candy Bar Stripe, are all trademarks of Dylan’s Candy Bar, LLC.
Our Site and affiliate sites are not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. You agree to use the Site and any service at your sole risk and that Dylan’s Candy Bar and its affiliates shall have no liability to you for Content that may be deemed inappropriate, indecent, or objectionable.
DYLANSCANDYBAR.COM utilizes the latest in secure site technology. In accordance with standard informational database and online practices, all personal data that is transmitted during the process of a transaction is done via the latest in PCI Compliant servers, processes and systems. All information that is transmitted is encrypted and processed through secure servers which are regularly tested for security and stability. DYLANSCANDYBAR.COM strives to protect your confidential information and will take all steps to ensure it remains secure.
Users are prohibited from violating or attempting to violate the security of the Site or exceeding their permitted access to the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Dylan’s Candy Bar, LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, automate what are otherwise manual processes or to catalog any information on this site for anything other than personal use.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We always make every effort to deliver to you the exact item that you purchased. However, at times items are lost or stolen, damaged or recalled by a manufacturer. If for any reason we are unable to deliver to you the item(s) you have purchased, while we may assist you in trying to find another comparable item, you agree that your sole and exclusive remedy, and our sole obligation, is to provide you with a refund of the money paid for such item.
We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
DYLANSCANDYBAR.COM provides edible food products which may or may not contain certain allergens. In accordance with New York State and Federal Laws, all edible products will contain required labeling, packaging and include a full list of ingredients and nutritional values as governed by applicable law. In addition, DYLANSCANDYBAR.COM will do our best to notate any and all possible allergens on the individual product pages of all edible products. It is the responsibility of the customer and/or end user to read any and all nutritional content, labels and allergen information before use. DYLANSCANDYBAR.COM shall not be held responsible, directly or indirectly, for any injury, death or adverse reactions from use of any DYLANSCANDYBAR.COM product. You agree to defend, indemnify and hold harmless DYLANSCANDYBAR.COM and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of our products. You agree that you are responsible in determining whether or not any such products are suitable for consumption and you release Dylan’s Candy Bar, LLC from any liable for the use of such products.
While DYLANSCANDYBAR.COM strives to provide accurate product and pricing information, pricing or typographical errors may occur. DYLANSCANDYBAR.COM cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, DYLANSCANDYBAR.COM shall have the right, at our sole discretion, to refuse, cancel or honor any orders placed for that item. In the event that an item is mispriced, DYLANSCANDYBAR.COM may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We strive to provide you with the best prices possible on DYLANSCANDYBAR.COM. Prices and availability are subject to change without notice.
Sharing Information with Third Parties
DYLANSCANDYBAR.COM does not rent, sell or trade your information with third party companies. Any personal information gathered online, such as email addresses or other personal information collected as part of an online survey or other specific details about you are strictly used to fulfill orders and provide you with relevant products and promotions that we feel may interest you. The site does not contribute to or participate in cooperative databases, which give other companies access to such Personal Information.
The Personal Information and Aggregate Information collected at our Stores may be shared internally within the DYLANSCANDYBAR.COM database. DYLANSCANDYBAR.COM may only share personal information if such action is required for Dylan’s Candy Bar, LLC or any of our service providers or consultants to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or any valid administrative request from a law enforcement agency. In addition, we may divulge Personal Information if we or any of our service providers believes that such disclosure is necessary to address any unlawful acts or acts that may endanger the health or safety of another customer or the general public.
Promotions & Promotional Rules And Conditions
DYLANSCANDYBAR.COM regularly features special sales, savings, promotions and incentives. Promotions are by default, limited to one of any/each offer available, per person, or as specified in the specific terms expressly stated as a part of the aforementioned promotion. DYLANSCANDYBAR.COM’s web site may initially accept an order which violates these terms or conditions. In these cases, and at DYLANSCANDYBAR.COM’s sole discretion, we reserve the right to limit, modify or cancel any order(s) or transaction(s) which purposely or accidentally violates the aforementioned terms of promotional participation. Any order containing a promotional code or discount code on any item which is already on sale is expressly prohibited and will be subject to cancellation at the sole discretion of Dylan’s Candy Bar.
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be perfectly accurate.
How We Collect And Use Information Collected by Us
Dylan’s Candy Bar, LLC may collect two types of information about users: "Personal Information" (such as name, email address, mailing address, phone number, birthday, credit card number and the items you purchase) and "Aggregate Information" (such as information about how many users log on to our Site on a daily basis or frequency of customer visits to our Stores).
We use customer information in an effort to improve your shopping experience and to communicate with you about our products, services, promotions and contests. We may also use this information to make offers to you, to help us target specific products and services to you, and to help us develop and improve our Site and Stores and tailor our Site and Stores to your interests.
Personal Information Collected Online through the Website and at Our Retail Stores
Personal Information is collected online by us or our service providers on our behalf when users voluntarily register with the Site to purchase items, receive electronic newsletters, use community and communication services, answer surveys and enter contests and other promotional opportunities provided on the Site, when users make a purchase, and when users utilize the "Email to a Friend" feature. We also maintain a record of your product interests and purchases online. We may receive personal usage and demographic information from our Stores and from third parties we work with. For online purchases, Personal Information may be collected from you in three different ways, including the following:
- When you purchase a product(s) online, we will collect your name, billing and shipping address, email address, telephone number(s) and any gift messaging or instructions.
- All billing, transactional and payment related data is encrypted, secured and transmitted on separate servers which meet industry PCI Compliance standards for encryption in order to securely and seamlessly process your transaction.
- We collect transaction information related to your purchase (such as what you bought, the price you paid and if the product was on sale, how many items were bought, how many orders you’ve placed etc.). This information allow us to tailor your online experience, and our offers, to only show you the most relevant and exciting products, promotions and services which we feel may interest you.
- When you fill out any online or in-store marketing or promotional surveys, we may gather certain Personal Information, such as your opinions on specific products and/or services. In some cases and on some surveys, we may request additional information, such as your name, address, birthday, telephone number & e-mail address.
Aggregate Information Collected both Online and in Our Retail Stores
Aggregate Information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, frequency of Store visits, Site pages you access most frequently, or search terms you enter. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who shopped on the Site during a specific time period or the number of people who shopped at our Stores who are 25 years of age is Aggregate Information that does not personally identify a specific user. Both the Site and our Stores collect such Aggregate Information.
Submissions of User Content
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Dylan’s Candy Bar or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to Dylan’s Candy Bar, including, for example, #dylanscandybar and #dylans. Such Submissions may be used on the Website and/or on other Dylan’s Candy Bar marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Dylan’s Candy Bar to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). Dylan’s Candy Bar is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Dylan’s Candy Bar without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Dylan’s Candy Bar reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Dylan’s Candy Bar is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Dylan’s Candy Bar, including its licensors and/or vendors, and Dylan’s Candy Bar does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Dylan’s Candy Bar has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, or other information about Dylan’s Candy Bar products or services submitted to Dylan’s Candy Bar through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Dylan’s Candy Bar shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Dylan’s Candy Bar specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
Feedback and User Content
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Dylan’s Candy Bar does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Dylan’s Candy Bar expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content, that you may not rely on said Feedback and User Content, and that under no circumstances will Dylan’s Candy Bar be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Dylan’s Candy Bar does not pre-screen or approve Feedback and User Content, but that Dylan’s Candy Bar shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Dylan’s Candy Bar expressly disclaims any liability for such organizations, events or individuals.
You agree not to transmit to Dylan’s Candy Bar any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Dylan’s Candy Bar employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which is not designated for such purposes or emailed to Dylan’s Candy Bar users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Dylan’s Candy Bar computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
THIS SITE IS PROVIDED BY DYLANSCANDYBAR.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. DYLANSCANDYBAR.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DYLANSCANDYBAR.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DYLANSCANDYBAR.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE DYLANSCANDYBAR.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DYLANSCANDYBAR.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE DYLANSCANDYBAR.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DYLANSCANDYBAR.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DYLANSCANDYBAR.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU FOR PRODUCTS PURCHASED ON THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Any claims asserted by you must be asserted in writing to DYLANSCANDYBAR.COM within fifteen (15) days of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party
The Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Limitation on Liability
In no event shall the site, Dylan’s Candy Bar, LLC, the stores or any of our affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if these entities have 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.
Dated: August, 2015