You must be at least 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
USE OF SITE & PROHIBITIONS
The Site allows you to subscribe, purchase monthly subscription boxes or gift subscription boxes and post to our blog page. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posts or communicating any material that is threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, hateful racially, ethnically or otherwise objectionable as determined by Datelivery; (c) Post unsolicited advertising or unlawfully promote products or services; (d) Attempting to interfere in any way with the Site’s or Datelivery’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; (e) Introduce viruses, worms, Trojan horses and/or harmful code to the Website; (f) take any action that may damage the rating system; (g) Encourage conduct that would constitute a criminal or civil offense.
BILLING & PAYMENTS
Datelivery has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Datelivery prior to the subscription box being shipped. Payment for the products shall be made by credit card. Datelivery has all the discretion to cancel or deny orders. You will automatically be charged each month for your ongoing subscription. By purchasing a subscription you acknowledge that your subscription has an recurring payment feature and you accept responsibility for all recurring charges, if your subscription is not cancelled at the end of a subscription period. To cancel your subscription, log into your account, click on subscriptions, select the subscription(s) you wish to cancel and click cancel subscriptions.
By subscribing, you recognize and acknowledge that the value of the products inside Datelivery’s boxes may not be equal to the subscription value that you have chosen. The prices of Datelivery boxes are not based on the products inside of the box, but rather the experience we set out to create.
We do not provide refunds, exchanges or credits unless the goods are faulty. If for any reason a product is defective, please contact us at firstname.lastname@example.org within 30 days of receiving your box and after reviewing your issue we will provide further instructions on how to return the product. Datelivery has the sole discretion at determining whether a product is faulty or defective.
SHIPPING AND RISK OF LOSS
Paid subscribers will receive a monthly “date night” box shipped to them through USPS. Shipping dates and arrival times are all estimates. All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Datelivery is not responsible for pricing, typographical, or other errors in any offer by Datelivery and reserves the right to cancel any orders arising from such errors. Datelivery may change its prices at their discretion. Such price changes will be effective upon the end of the subscription term for which you are subscribed, and no price changes will be effective for any subscription term already begun.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED SUBSCRIPTION TO OUR SERVICE, VISITING AND PURCHASING ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGEMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Datelivery shall resort aLl remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Datelivery. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of Datelivery to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of Illinois, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Illinois, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.