terms and conditions of use
By using this website, you agree to the following Terms and Conditions of Use (the “Agreement”). Please read them carefully before using this website.
General Provisions
This website is owned and operated by Dill Paper Company, LLC (the “Company”) a New York Limited Liability Company.
You must be at least eighteen (18) years of age to use our website. Use of this website is at your own risk. The Company makes no explicit representations or warranties as to the safety or your individual use of the website.
The Company reserves the right to update its website and this Agreement from time to time, at the Company’s sole discretion and without any notice. It is solely your responsibility to keep up to date with the latest version of this Agreement. Your continued use of the Company’s website will be taken to mean that you have read and consent to the provisions of this Agreement.
Intellectual Property Notice
All intellectual property including, but not limited to, images, designs, graphics, trademarks, design marks and service marks are owned by and property of the Company, or the properly attributed party (“Intellectual Property”). You shall not use the Intellectual Property in whole or in part. Any Intellectual Property used or modification of any materials contained on this site may be prosecuted to the fullest extent permissible should the Company choose to do so including, but limited to, asking for financial penalties (damages) and/or an injunction forcing you to stop using the Intellectual Property.
Intellectual Property may only be used when expressly authorized by the Company.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the services provided by the Company in accordance with the use of this website, the Company owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with the use of this website, are expressly and solely owned by the Company and may be used in the reasonable course of the Company’s business.
Client’s Permitted Uses of Product(s). The Company grants to you a non-exclusive license of semi-custom product(s) as a result of your use of this website. Your non-exclusive license is solely for your personal use only so long as you provide the Company with attribution each time you use the Company’s property. Your personal use includes, but is not limited to, use within the following contexts:
In photos on your personal social media pages or profiles; or
Social media or website pages by wedding industry professionals or associated vendors relating to your event(s) where the Company’s work is featured.
Company’s Permitted Uses of Semi-Custom Product(s). The Company shall have the absolute right to use your semi-custom product(s), which includes, but are not limited to, images, design elements, calligraphy, and all other work product, as a result of your use of this website, on the Company’s website, social media websites, website pages by wedding industry professionals or associated vendors relating to your event(s) where the Company’s work is featured. You may request the Company to delay posting your product(s) until after your event(s) has occurred.
Your Communications
Any communications made directly to the Company’s phones, mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. The Company owns any and all communications displayed on its website, servers, comments, emails or other media as allowed by United States law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. The Company maintains the right to republish any submission in whole or in part as reasonably necessary in the course of its business.
You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Disclaimers
You agree to indemnify and hold harmless this website and the Company for any direct or indirect loss or conduct incurred as a result of your use of the Company’s website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
You understand and acknowledge that the Company makes no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website.
The Company expressly disclaims any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis. The Company does not guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk.
If you should see any errors or omissions and would like to let us know, please email the Company at info@dillpapercompany.com.
Collection of Information
The Company may collect a variety of information from you when you visit this website, make purchases, or interact with the Company on social media. By accepting this Agreement, you are specifically consenting to various collections of the data. The information the Company collects may include, but is not limited to,
Personal Data: Personal data includes, but is not limited to, your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving the Company this information by providing it to the Company voluntarily on this website. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from making purchases from the Company’s website.
Derivative Data: Derivative data, includes but is not limited to, your IP address, browser type, the dates and times that you access this website, and the specific pages you view. You consent to giving the Company this information by providing it to the Company voluntarily on this website. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from making purchases from the Company’s website.
Financial Data: Financial data includes, but is not limited to, data that is related to your payment method, such as credit card or bank transfer details. You consent to giving the Company this information by providing it to the Company voluntarily on this website. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from making purchases from the Company’s website.
Social Networking Data: Social networking data includes, but is not limited to, Facebook, Instagram, LinkedIn, Twitter, Snapchat or other social networking sites or apps not named specifically herein, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information.
Mobile Device Data: Mobile device data includes, but is not limited to, device ID, model and manufacturer and location information.
Use of Information
Your information allows the Company to offer you certain products and services which includes, but is not limited to, the use of this website and to interact with the Company and its website.
Disclosure of Information
The Company may share your data with third party processors as needed to serve its legitimate business interests including, but not limited to, administrating this website, entering into contracts with you and marketing additional goods and services to you. The legal basis for this disclosure of your data is both your Consent to this Agreement and the Company’s own right to protect and promote its legitimate business interests.
The following include, but is not limited to, specific reasons why the Company may share your information.
Third Party Processing: The Company may disclose your information to third parties who assist the Company with various tasks including, but not limited to, payment processing, hosting services and email delivery.
By Law: The Company may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect the Company: The Company may use your information to protect it including, but not limited to, to investigate and remedy any violations of the Company’s rights or policies. The Company may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Sale or Bankruptcy: In the event that the Company is sold, goes out of business or enters bankruptcy, your information may be an asset that is transferred to a third-party successor. Such a successor is not bound by this Agreement.
Online postings: When you post online, your posts may be viewed by others, and the Company may distribute your comments outside the website.
External Links: This website may include hyperlinks to other websites controlled by third parties. The Company does not regularly monitor the websites of such third parties. The Company is not responsible for any damage or consequences you suffer by using these hyperlinks. The Company is not bound by the Privacy Policies or Agreements of any third-party website that you access by a hyperlink, nor are they bound by this Agreement.
Processing Information
The Company may, from time to time, process your data internally. To the extent the Company process’s your data, the Company does so to serve its legitimate business interests. The date that the Company may process includes, but it is not limited to,
Data associated with your account, such as your name, address, email address and payment information;
Data about your usage of this website, such as your IP address, geographical information, and how long you accessed this website and what you viewed;
Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details;
Data that you provide the Company in the course of using the Company’s services;
Data that you post on this website, such as comments or responses to blogs;
Data that you submit to the Company when you make an inquiry regarding this website or offerings;
Data related to your transactions with the Company, including your purchase of the Company’s goods or services. This information may include contact details and payment information;
Data that you provide to the Company when you subscribe to the Company’s emails or newsletters, including your email address and contact information;
Data that you submit to the Company via correspondence; and
Any other data identified in this Agreement, for the purpose of complying with the Company’s legal obligations, or to protect the vital interests of you or any other natural person.
Date Retention
The Company retains your personal data as long as it is needed to conduct its legitimate business purposes or to comply with its legal obligations, or until you ask the Company to delete your data.
The Company cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom the Company has transmitted your data, delete that data, you will need to contact those third parties directly.
Security of your Information
The Company uses recognized online secure payment systems. The Company shall not guarantee complete security of any information you transmit to the Company. The Company cannot prevent the use or misuse of your data by other parties.
By consenting to this Agreement, you acknowledge that your personal data may be available, via the internet, around the world.
Age Restriction
This website is not designed for user’s under age 18. The Company does not knowingly solicit personal data from anyone under age 18. If you are under age 18, do not access or use this website or related products or services. If you become aware that the Company has collected data of anyone under the age of 18, please contact the Company so that the Company may delete that data.
Your Rights
You have certain rights with respect to your personal data. The Company may charge you a reasonable fee for actions that you ask the Company to take with respect to your data.
The Company reserves the right to request that you provide it with evidence of your identity before the Company takes any action with respect to the exercise of your data rights. Your rights may be restricted or nullified to the extent they conflict with the Company’s compelling business interests, the public interest, or the law.
Termination
If at any time the Company feels you have violated this Agreement, then the Company shall immediately terminate your use of its website and any related communications as the Company deems appropriate.
It is within the Company’s sole discretion to allow any user’s access of its website and may revoke this access at any time without notice, and if necessary, block your IP address from further visits to this site.
Binding Arbitration
Binding Arbitration of Any and All Disputes: By entering into this Agreement, you waive any right to a jury trial, or the right to have any dispute resolved in any court, and instead accept the use of binding arbitration. As used in this Agreement, “dispute” means any cause of action, claim, case, and/or controversy of any kind arising out of or in any way related to this Agreement, any amendments or addenda to this Agreement, and/or the subject matter of this Agreement. Any dispute arising out of, or related to, the information contained in this Agreement shall be subjected to binding arbitration in the State of New York, the United States of America.
No Class or Representative Actions or Arbitrations: You expressly agree that any dispute is personal to the Company, and any such dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding unless such agreement is not consistent with applicable state law. Neither party agrees to class arbitration, or an arbitration where a person brings a dispute as a representative of any other person or persons except where not permitted by applicable state law.
Confidentiality: The arbitrator, you and the Company shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
Arbitration Procedures
If the Company and you cannot resolve any dispute between themselves, then then Company and you shall promptly submit the dispute to binding arbitration at the office of the American Arbitration Association (“AAA”) located in Nassau County, New York or, if there is no AAA office at that location, then at the AAA office closest to where the services are provided.
Either party may initiate arbitration by providing written demand for arbitration (with a copy to the other party), a copy of this Agreement and the administrative fee required by the commercial arbitration rules of the AAA (“AAA Rules”) to the AAA. Any party paying the administrative fee may recover the fee if awarded by the arbitrator. The arbitration will be held in accordance with the AAA Rules as modified by this Agreement.
You agree that any arbitration award shall not exceed the total cost of your purchase.
Severability
If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other conditions and provisions of this Agreement will nevertheless remain in full force and effect.
Semi Custom Proofing and Revisions
The Company shall perform up to three (3) rounds of proofing and revisions for semi-custom orders. If you desire the Company to further revise your semi-custom order, then you agree to pay the Company fifty dollars ($50) per additional proofing round and/or revision round. You understand and agree that the more rounds of proofs and revisions the longer it will take for the Company to complete your semi-custom order, which may result in an extension of your completion date. Proofing and revisions are strictly limited to minor changes and do not include a redesign.
Refunds
All sales are final. The Company does not offer any money back guarantees. You recognize and agree that you shall not be entitled to a refund of any purchase under any circumstance.
Consistency
The Company will use reasonable efforts to ensure your desired stationery is produced in a style and manner consistent with the Company’s current portfolio. The Company may use third party vendors to provide handmade paper for the Services (the “Handmade Paper”). The Handmade Paper contains natural imperfections. You agree that Vendor is not at fault for the imperfections, and you shall not hold Vendor liable for the imperfections. Your dissatisfaction with the Handmade Paper and the imperfections, if any, is not a valid reason for termination of this Agreement or request of any monies returned.
Loss of Product
In the event that any or all product(s) are lost, such as damage to or loss of the product or a component of the product necessary for final delivery (“Loss of Product”), due to the fault of your own or of a third-party including, but not limited to, USPS, FedEx or UPS, Vendor shall not refund any portion of any monies paid by you to the Company and you are not relieved from any payment obligations owed to the Vendor in this Agreement.
Indemnification
You agree to indemnify, defend and hold harmless the Company and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to any service the Company provides to you in connection to this Agreement.
Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS INCLUDING, BUT NOT LIMTIED TO, WHEN SUCH ACTS OR OMISSIONS NEGATIVELY IMPACT EITHER ONE OR MORE TRANSACTIONS, OR THE TRANSMISSION, RECEPTION, STORAGE OR HANDLING OF DOCUMENTS. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEROY OF LIABILTY, ARISING OUT OF OR RELATED TO: (I) ANY DELAY, OMISSION OR ERROR IN THE ELECTRONIC TRANSMISSION OR RECEIPT OF ANY DOCUMENTS PUSUANT TO THIS AGREEMENT; OR (II) UNAUTHORIZED ACCESS OR ALTERNATION BY A THIRD PARTY OF TRANSMITTED DATA.
Entire Agreement
This Agreement constitutes the entire Agreement with respect to the transactions contemplated herein, and it supersedes all prior oral or written documents commitments or understandings.
Headings
The descriptive headings of this Agreement are inserted for convenience only and do not constitute a part of this Agreement. Such headings shall not in any way define or affect the meaning, construction, or scope of any of the provisions hereof.
Modification
Any changes to this Agreement shall become effective immediately upon publication on this website, and you waive specific notice of any changes to this Agreement by continuing to use and access this site.
Law and Jurisdiction
This Agreement Terms are governed by and construed in accordance with New York State and the Federal Law of the United States. Any dispute arising out of or related to the information contained herein is subject to binding arbitration in the state of New York, United States.
Consent
By using this website, you hereby consent to this Agreement. If you require any more information or have any questions about this Terms and Conditions of Use, please feel free to contact the Company by email at info@dillpapercompany.com.