Conditions of Use
Conditions of Use
TERMS AND CONDITIONS OF USE
Last Modified October 1, 2008
In order to use the incensehanddipped.com web site and/or the services provided, you accept and agree to be bound by these Terms and Conditions of Use. Whenever you make a purchase on our website, you will be asked to confirm that you have read these Terms and Conditions of Use. This sets out the legally binding terms for your use of our website. These terms may be modified by D & Jís Sparkling Oasis, from time to time.
You must be at least 18 years old to purchase products on this website. If you are under the age of 18, you must provide D & Jís Sparkling Oasis with written permission from a parent or guardian to make purchased on our website. By using this website, you represent and warrant that you have the right, authority, and capacity to enter into all contemplated agreements and transactions and to abide by all of the terms and conditions.
These terms and conditions will remain in full force and effect while you use this website. D & Jís Sparkling Oasis may terminate your access to the website and your rights to purchase products, if you have breached any of these terms or conditions, by notifying you, in writing, by email, at the email address you have provided. If your rights are so terminated you will not be entitled to a refund of any amounts paid to D & Jís Sparkling Oasis. Even after your rights are terminated, the provisions of paragraphs 4, 7, 8, 9, 11, 12, 13, 14, 15 and 16 shall remain in effect.
4. OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES
4.1 The content of this web site including, without limitation, all text, graphics, logos, images, audio, digital downloads and software, is the property of D & Jís Sparkling Oasis, its business partners, and/or various third party providers and distributors.
4.2 All title, ownership and intellectual property rights, including the rights to copyrights, trademarks, service marks and logos (collectively, the ďIntellectual Propertyí) used on the website are vested in D & Jís Sparkling Oasis, its business partners and their affiliates and/or various third parties. Such Intellectual Property and software is protected by the United States and international copyright laws. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the Intellectual Property without the written permission of D & Jís Sparkling Oasis, its business partners or the applicable third party that owns such Intellectual Property.
4.3 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, services or any portion of any material obtained from this website, nor may you use any of the Intellectual Property in connection with any other service without the express written consent of D & Jís Sparkling Oasis, its business partners and/or their third party providers and distributors.
5. ACCESS AND USE
5.1 You are granted a limited license to access and make personal use of this site and you are not allowed to download (other than page caching), modify or create a hyperlink to this site, or any portion of it, except with the express prior written consent of D & Jís Sparkling Oasis or its business partners, as applicable.
5.2 You may not use this site or its contents for any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
5.3 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) that belongs to D & Jís Sparkling Oasis, its business partners, their affiliates or any third party, without the prior written consent of D & Jís Sparkling Oasis, its business partners, or such applicable third party.
5.4 You may not use any mega tags or any other "hidden text" utilizing the name or trademarks of D & Jís Sparkling Oasis, its business partners, or their third party providers and distributors, without each of their express prior written consents.
5.5 You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered illegal, give rise to civil liability, or otherwise be in violation of any law.
5.6 Any unauthorized use by you may result in the termination of your right to use this site.
6. PURCHASES OF PRODUCTS
6.1 D & Jís Sparkling Oasis attempts to be as accurate as possible in describing the products for sale on its website. Notwithstanding the foregoing, D & Jís Sparkling Oasis does not warrant that the description of any such products, or the content included on this website, is accurate, complete, reliable, current, or error-free. In the event that any product you purchase through this website is not as described, your sole remedy is to return the product unused to D & Jís Sparkling Oasis.
6.2 D & Jís Sparkling Oasis shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. D & Jís Sparkling Oasis shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, D & Jís Sparkling Oasis shall immediately issue a credit to your credit card account in the amount of the charge.
6.3 Your receipt of an electronic or other form of order confirmation does not signify D & Jís Sparkling Oasisís acceptance of your order, nor does it constitute confirmation of D & Jís Sparkling Oasisís offer to sell. D & Jís Sparkling Oasis reserves the right at any time after receipt of your order to accept or decline your order for any reason. D & Jís Sparkling Oasis further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by D & Jís Sparkling Oasis upon shipment of products that you have ordered. Title to goods passes to you upon delivery to the common carrier.
6.4 All payments must be made by VISA, MasterCard, American Express or money orders (each of which may be removed by D & Jís Sparkling Oasis in its sole discretion). Unless expressly set forth on this website, D & Jís Sparkling Oasis does not accept any other payment form. You hereby agree to all restrictions, terms and conditions associated with any such additional forms of payment offered. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms and Conditions of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT D & Jís Sparkling Oasis, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify D & Jís Sparkling Oasis of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If D & Jís Sparkling Oasis does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by D & Jís Sparkling Oasis or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
D & Jís Sparkling Oasis shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any states or localities that it deems are required.
6.5 Title and ownership to all products purchased pass to you upon D & Jís Sparkling Oasisí delivery of the applicable products to the carrier. Upon such delivery, all risk of loss also passes to you.
7. WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. D & Jís Sparkling Oasis MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE FROM TIME TO TIME. D & Jís Sparkling Oasis, ITS BUSINESS PARTNERS, THEIR AFFILIATES AND/OR THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE ACCURACY OR SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ďAS ISĒ WITHOUT WARRANTY OF ANY KIND.
D & Jís SPARKLING OASIS, ITS BUSINESS PARTNERS, THEIR AFFILIATES AND/OR THIRD PARTY PROVIDERS AND DISTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
NEITHER D & Jís SPARKLING OASIS NOR ITS BUSINESS PARTNERS ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THIS WEBSITE OR YOUR DOWN LOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE. IN NO EVENT SHALL SIRK ENTERPRISES, ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEB SITE OR CONTENT FOUND ON THIS SITE, (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE) OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY D & Jís Sparkling Oasis, ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If, notwithstanding the foregoing, D & Jís Sparkling Oasis, its business partners, their affiliates or any third party provider or distributor should be found liable for any loss or damage, with respect to the use of this website or in connection with any products purchased by you, such damages shall not exceed, in the aggregate, the amount paid by any person for the products you purchase. Some states and jurisdictions do not allow limitation of liability, so the foregoing limitation may not apply to you.
9. LINKS TO THIRD PARTY SITES
This website may provide, or third parties may provide, links to other web sites or resources. These links are provided to you as a convenience and not as an endorsement by D & Jís Sparkling Oasis of such other web sites. D & Jís Sparkling Oasis has no control over such sites and resources and is not responsible or liable for any content, advertising, products, or materials relating to such other sites, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such sites or resources. If you decide to access other web sites, you do so at your own risk.
10. COPYRIGHTS AND COPYRIGHT AGENT
Pursuant to the Digital Millennium Copyright Act, D & Jís Sparkling Oasis will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to D & Jís Sparkling Oasis and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, D & Jís Sparkling Oasis will terminate the infringing customer's account. D & Jís Sparkling Oasis may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, D & Jís Sparkling Oasis has implemented procedures for receiving written notification of claimed infringements and for processing such claims.
D & Jís Sparkling Oasis recognizes and is concerned about the protection of the intellectual property of third parties, and requires that all users of its web site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide D & Jís Sparkling Oasis with the following information:
ē An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
ē A description of the copyrighted work that you claim has been infringed;
ē A description of where the material that you claim is infringing is located on D & Jís Sparkling Oasisís website;
ē Your address, telephone number, and email address;
ē A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
ē a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For notice of claims of copyright infringement on its site D & Jís Sparkling Oasis can be reached as follows:
By email: email@example.com
By phone: (845)†726-5087
By mail: P O Box 15, Westtown, N.Y. 10998
11. U.S. EXPORT CONTROLS
Software from this web site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using this website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify and hold D & Jís Sparkling Oasis, its business partners, and each of their subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of this website including, without limitation, your purchase of goods, in violation of this Agreement and/or arising from a breach of these Terms and Conditions of Use and/or any breach of your representations and warranties set forth herein.
13. GOVERNING LAW
This Agreement and its performance are governed by the laws of the State of New York, United States of America, without regard to its conflict of lawís provisions. You consent and submit to the exclusive jurisdiction of the Courts of the State of New York located in New York County and the Federal District Court for the Southern District of New York in all matters arising out of your use of this site.
D & Jís Sparkling Oasis may at any time modify these terms and conditions and your continued use of the site will be conditioned upon the terms and conditions in force at the time of your use.
15. ADDITIONAL TERMS
Additional terms and conditions will apply to the use of this site, the terms of which are incorporated herein.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms and conditions.
You may not assign, convey subcontract or delegate your rights, duties or obligations hereunder.
Please Contact Us with any questions regarding these Terms and Conditions of Use.