Terms of Service
OVERVIEW
This website is operated by BlissfulBlingByDe’Vore LLC. Throughout the site, the terms “we”, “us” and “our” refer to BlissfulBlingByDe’Vore LLC. BlissfulBlingByDe’Vore LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
My store is hosted on Weebly Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. Acceptance of Terms
Thank you for using BlissfulBlingByDe’Vore LLC! These Terms of Service (“Terms”) are a legal agreement between you and BlissfulBlingByDe’Vore LLC (as defined below) and govern your use and access to BlissfulBlingByDe’Vore LLC website creation service, including our website hosting services, websites, communication tools, mobile applications, and ecommerce tools and other services (collectively the “Service”) that are made available through the website (http://blissfulblingbydevore.com) and associated domains owned by BlissfulBlingByDe’Vore LLC (collectively, the “Site”) or otherwise made available by BlissfulBlingByDe’Vore LLC. By using the Service in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization. These Terms will also apply when you use the Service on a trial basis. If you do not agree to these Terms, do not use the Service.
When these Terms mention “BlissfulBlingByDe’Vore LLC,” “we,” “us,” or “our,” it refers to the Block company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Weebly account as determined by either your express selection or by BlissfulBlingByDe’Vore LLC assessment of your residence using various data attributes associated with your Weebly account.
● If your Country of Residence is the United States, you are contracting with 2704 GOPOST PD29848 NY,NY 10027, United States.
● If your Country of Residence is Canada, you are contracting with Square Technologies, Inc.
● If your Country of Residence is Japan, you are contracting with Square KK.
● If your Country of Residence is Australia, you are contracting with Square AU PTY, Ltd.
● If your Country of Residence is the United Kingdom, Ireland or anywhere except United States, Canada, Japan, or Australia, you are contracting with Squareup International Ltd.
In addition to the restrictions set forth above, you are prohibited from using this website Weebly account platform or otherwise using the Service if you are not legally capable of entering into contracts, for example, if you are not the age of majority in your Country of Residence. If you are not the age 18 and over of majority in your country or region, you may only create or use a Weebly account with the supervision and consent of a parent or guardian or alternatively obtained signed consent from your parent or guardian.
2. POLICY
ALL SALES ARE FINAL!
BlissfulBlingByDe'Vore LLC
Processing time is as followed and can be subject to change 3-6 WEEKS Portrait orders are 4-6 weeks
(Excluding Sundays & Holidays)
Availability: Mon-Fri: 9am-9pm
Saturday's: 12pm-5pm
Sunday’s: CLOSED
When will my order be shipped? You will automatically receive an e-mail once your status progress update states shipped. It will contain a tracking number you can utilize to go online and track the status of your shipment. Please allow 24-48 hours before tracking your order. Shipment go out every Monday, Wednesday & Friday.
Price range varies and interpends on size, choice of crystals, time and labor.
FULL PAYMENT REQUIRED BEFORE ANY ITEM IS STARTED!
IF YOU WOULD LIKE AN INVOICE ONCE IT’S CREATED AND SENT TO YOUR EMAIL, IT MUST BE PAID within 1 hour of being sent.
Monday through Saturday invoices are sent. If it’s not paid within the hour of creation your invoice will be CANCELED!
Please ONLY inquire for an invoice if you’re SOLELY READY! IF THE ITEM YOU’RE INTERESTED IS NOT LISTED ON THE WEBSITE
NO CASH REFUNDS, NO RETURNS, NO EXCHANGES
due to high immensity of each item being a CUSTOM ENVISIONED NOVELTY and specified to your liking.
Especially for sanitary purposes regarding COVID 19!
If you have any issues regarding your order please contact me via email: [email protected]
I can assure you collectively we will find the best solution. A STORE CREDIT for the amount of the item can be issued, it's validated for 30 days
or i am willing to fix the item within
7 days of the customer receiving their item
(NO ADDITIONAL COST).
After 14 days fee’s apply.
NO EXCEPTIONS
I double check every custom order and carefully pack to make sure my customers receive their order in its best condition. I am not responsible for any damage caused once an item leaves my possession.
NON CUSTOM ITEMS
Should you receive an item that is faulty or damaged please contact me within 4 business days of receiving the item, along with images. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
You will be responsible for paying for your own shipping costs for returning your item(s). Shipping costs are non-refundable.
Please review the entire invoice prior to remittance of payment as no changes can be made. With clicking submit indicates you’re in agreement to the terms and conditions.
Will the crystals easily fall off?
All crystals and accessories are strongly attached with special made
adhesive that will NOT easily fall off. However, these are delicate items
and should be handled with care.
• PLEASE HANDLE YOUR LUXURY ITEMS WITH CARE.
• INCLUDING DAMAGE FROM DROPPING OR NOT FOLLOWING THE CARE INSTRUCTIONS LISTED OR PROVIDED..
• I WILL NOT CONTINUOUSLY FIX AN ITEM YOU DIDN’T PROPERLY CARE FOR YOU HAVE 7 DAYS TO SEND BACK IN ITEM, YOU WOULD LIKE ME TO FIX
•AFTER 14 DAYS (FEES WILL APPLY)!!!
3. Shipping Of Service
Items are STRATEGICALLY HANDPLACED started in the orders they’re received (subsequently). Simultaneously I'm able to complete plentiful orders within my 6 week time frame. Each custom order no matter how complex or intricate is used with high quality materials.
Processing time is not included with shipping time!
EXCLUDING SUNDAYS AND HOLIDAYS!!!
Turn around time can be sooner based upon a
RUSH ORDER with an additional $100 dollar rush fee per item
Rush orders processing times are
(10-12 business days) 14 business days for portraits
not including shipping time.
Please also understand not every item can be rushed.
Once “rush orders” are placed same day i began production
ahead of existing orders.
Individuals who inquires about “next day shipping” is required to pay for overnight
shipping that varies depending upon your zip code and size
of your package.
I utilize UPS OR USPS for
“RUSH ORDERS”
Items marked “DELIVERED” by USPS are technically considered delivered. If for some reason, your tracking shows it has been “DELIVERED” and you still have not received it, please reach out to your local USPS location for them to locate your package. If an item you’re tracking suddenly STOPS UPDATING due to unforeseen situations.
CONTACT USPS CUSTOMER SUPPORT NUMBER
1800-275-8777
as they can better assist with locating your delayed or missing package.
If USPS website accuracy is falsely erratic i highly advise filing a complaint with USPS OFFICE OF INSPECTOR GENERAL (OIG)
1888-877-7644
MONDAY’S, WEDNESDAY’S & FRIDAY’S
I ship out orders via UPS using ground 2nd day or next day air. I also utilize USPS priority mail 1-2 or 3 days.
Will provide day-specific delivery information. All U.S priority shipped items include POSTAL INSURANCE (loss, damage, or missing contents) at no additional cost to the customer.
Shipping cost is based upon weight and location. Rates and delivery times will be available at checkout for your own selection.
Once shipping labels are created you will
receive tracking info via email or via website entailing your order has been
shipped.
For pick up and drops off's:
You must have access to your email to confirm your order has been received - no exceptions.
Stating...
"I have received my blissful items on ......"
BLISSFULBLINGBYDE'VORE LLC
TO PROTECT FRAUD PREVENTION
I ONLY SHIP TO THE ADDRESS YOU PLACED ON THE ACCOUNT AT CHECKOUT!
VERIFYING THE IP ADDRESS ASSOCIATED WITH THE ORDER IN THE FRAUD ANALYSIS. TO HELP REDUCE THE CHANCE OF FUFILLING FRAUDULENT ORDERS!
I WILL PROVIDE ELECTRONIC SIGNATURE CONFIRMATION FOR ALL ORDERS OVER VALUE AMOUNT $150 DOLLARS OR MORE.
CUSTOMERS CAN REQUEST A PROOF OF DELIVERY (POD) AT AN ADDITIONAL COST.
Postal services are responsible for parcels’ safety during transportation. In any case your item arrives broken due to postal error, customer MUST KEEP ORIGINAL PACKAGING. Also be able to provide photography proof to be eligible for reimbursement. USPS WILL BE RESPONSIBLE FOR MONETARY REIMBURSEMENT
So as a fragile item can be damaged, it needs to be protected with special packaging materials. USPS requires an extra charge for special handling fragile labels. As it is my job to make sure all items are PACKAGED EFFICIENTLY this is a good service to keep in mind when ordering for self assurance.
It is the customer's responsibility to pay for any additional services
on all orders upon request.
4. Fees/payment
I offer all major Debit Credit Cards, PayPal & Apple Pay! I also Afterpay on my other domain if you would like to apply here is the link https://blissfulblingitems.square.site/
Afterpay is a buy now, pay later (BNPL) service that allows customers to pay for online orders in four interest-free payments over six weeks. You get the full amount—up front.
To be eligible to use Afterpay you must:
Once completed and placed, your order is immediately put into production.
Changes to personalized orders cannot be accepted once you have completed your invoice. Completion
of your order confirms and acknowledges that you have reviewed and verified
the accuracy of your entire order on your PayPal invoice and shipping
information before payment was submitted.
6.Registration
To register as an Account Holder, you must provide us with a valid email address and other personal information ("Registration Data").You will choose a password and account designation for your web sites during the registration process and you will obtain a Weebly ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Weebly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. In addition to the restrictions on selling set forth in Section 9 below, individuals under the age of 13 are prohibited from creating or using accounts through Weebly.com. Students under the age of 13 may, however, use Weebly through special student accounts created by their teachers through education.weebly.com, provided the teacher has obtained signed parental consent from the student's parents.
7. Weebly Privacy Notice
Our Privacy Notice (available at: https://www.weebly.com/privacy), which is part of these Terms, describes how we collect, protect, and use your Registration Data and certain other information about you. We encourage you to read the Privacy Notice, and to use the information it contains to help you make informed decisions.
8. Website account and security
You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Weebly or any of its affiliates, subsidiaries, officers, directors, or employees be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
9. Proprietary Rights
The Site and Service are owned by Weebly. The Site and Service use and display content, features, and functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, trade dress, service marks, logos, slogans, and taglines, owned by Weebly or other unaffiliated third parties, that are protected by U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of the Site or Service may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Weebly or the respective third-party intellectual property owner, or except as otherwise specifically provided herein. We reserve all rights not expressly granted in these Terms.
The Service, all confidential and proprietary software used in connection with the Service, Materials (as defined below), content contained in sponsor advertisements or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through Weebly are protected by copyright, trademark, trade secret, or other intellectual property laws. You are solely responsible for ensuring that your use of such Materials, including any “professional photos” or “free photos” made available through the Service, is done solely in accordance with all relevant laws, and any terms or conditions applicable to such Materials. In no event shall Weebly be liable to you or any third party for your use of Materials in violation of law, or any terms or conditions applicable to such Materials.
“Materials” means any and all software, text, software documentation, designs, "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through Weebly or the Service.
You may use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms and, in the case of Materials owned by third parties made available to you by or through Weebly or the Service, any third-party terms or conditions applicable to such Materials. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher (or otherwise attempt to discover any programming code or any source code used in or with the Materials), or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein and in any relevant third-party terms of service is expressly prohibited. We reserve all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Weebly or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted to you without the express written permission of Weebly or the respective third-party Mark owner.
“Professional Photos”- By purchasing and/or using any “professional photos” available through the Service, you agree that: (i) you will use such “professional photos” on your Weebly site only, for display solely in digital form; (ii) you will not sell, modify, re-use, re-sell, distribute, display, reproduce, or make any other use of such “professional photos”; (iii) where a “professional photo” features an individual and is used in connection with a sensitive, unflattering or controversial subject, you will include a statement that the image is used for illustrative purposes only and that the individual featured is a model; and (iv) you will not activate the “right-click” function in any “professional photo”, remove any metadata in any “professional photo”, or reverse engineer, decompile, or disassemble your site to enable the download or use of any “professional photo” on a standalone basis. In addition, you may not use any “professional photo”: (i) on a standalone basis with no other content; (ii) for pornographic, defamatory, or other unlawful purposes; (iii) to create or enable the creation of printed products; (iv) in physical or digital retail products, such as e-cards, calendars, posters, or screensavers; (v) to suggest or imply endorsement, sponsorship, or affiliation by or with any of the subject matter contained within the “professional photo;” (vi) for the purpose of enabling file-sharing of the image file; or (vii) in logos, trademarks, service marks or any other branding or identifiers.
10. Your rights in your Content
Weebly does not claim ownership of your Content (as defined below), but you give us your permission worldwide to host your Content on the Service and to perform all acts necessary to host your Content on the Service (such as making copies, reformatting, and distributing your Content). In other words, you grant us and our subsidiaries affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media.
We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Weebly representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to our Privacy Notice.
11. Content and conduct rules and obligations
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole property of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. Your Content does not include non-personally identifiable buyer/seller transaction or behavioral data derived from the use of Weebly’s eCommerce platform (collectively, “Platform Data”). Weebly owns all Platform Data and uses it for Service operations, improvements, and analytics. You are also responsible for creating back-up copies of your Content.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You will not:
A. upload, post, transmit or otherwise make available any Content that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
ii. you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
iii. infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
iv. is unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
v. contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any Weebly user to access the Service;
vi. is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid/multi-level marketing, or other dubious schemes; or
vii. is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;
B. harm minors in any way;
C. "stalk," “bully,” or otherwise harass another;
D. impersonate any person or entity, including, but not limited to, a Weebly employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
E. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
F. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
G. intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
H. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
I. use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
J. solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
K. exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
L. include more than three ad units per page, or any advertising that greatly reduces the usability of the Site;
M. upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service (i.e., created with the Weebly editor);
N. create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;
O. use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater;
P. Abuse our customer support email, chat, or telephone services or agents; or
Q. Take any other action while using the Service that is detrimental to the Service or Weebly’s reputation, as determined by Weebly in its sole discretion.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
12. Selling Through Weebly
Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Weebly (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to conduct transactions for these Commercial Products. In order to sell through Weebly, you must be 18 years or older or at least the age of majority in your Country of Residence and you must provide your full legal name, current address, valid email address, and any other information requested by us. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the payment service provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in these Terms, you must follow the rules listed below when offering, selling, or purchasing Commercial Products.
YOU WILL NOT offer or sell any Commercial Products that:
● are illegal or potentially illegal, including those that are counterfeited, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S.;
● infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libelous, slanderous, or otherwise defamatory;
● we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent; or
● are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of these Terms; or
● use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
13. Limitations on Use of Personal Information
For purposes of this section, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household that is processed by Weebly in connection with the Service.
For purposes of this section, “process”, “sell”, and “business purpose(s)” have the meaning ascribed to them in the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq. We may receive Personal Information for the purpose of performing the Service on your behalf as described in these Terms. We agree that we will process such Personal Information on your behalf and will not (a) sell the Personal Information; (b) retain, use or disclose the Personal Information for any purpose other than providing to you the Service specified in these Terms [and other applicable terms and agreements between you and Weebly]. As part of and for purposes of facilitating the Service, Weebly may (a) deidentify or aggregate the Personal Information; and (b) process the Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Service; improving, updating or enhancing the Service, either for you or for our customers generally; and complying with our legal obligations. You acknowledge and agree that Personal Information that you disclose to Weebly is provided to Weebly for the parties’ business purposes.
14. Third Party Services, Software, and Websites;
No Implied Endorsement Weebly is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, or website, including but not limited to any content thereon such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, files, documents, or other materials (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials by or through the Site or Service. Weebly does not endorse or assume responsibility for any Third Party Materials and makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use of such Third Party Materials. You are solely responsible for ensuring that your use of any Third Party Materials, including those made available by or through the Site or Service, is done solely in accordance with all relevant laws, and the terms and conditions of any applicable licenses or other agreement. In no event shall Weebly be liable to you or any third party for your use or alleged use of any Third Party Materials.
Further, Third Party Materials, such as email, e-commerce and payment services including but not limited to, Authorize.net, PayPal, Square, and Stripe payment options, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider's terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.
Third Party Payment Processors: Weebly uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the Weebly Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.
· Authorize.net - privacy policy
· PayPal - privacy policy
· Square - privacy policy
· Stripe - privacy policy
· Apple Pay - privacy policy
· Android Pay - privacy policy
Apple Pay and Android Pay are automatically activated for users who have selected Stripe as their payment processor. If you do not wish to accept Apple Pay or Android Pay as a payment type, it is your responsibility to deactivate Apple Pay and/or Android Pay. You can deactivate these payment options in your Store checkout settings. Your use of Apple Pay and Android Pay constitutes your acceptance of Apple Pay’s Acceptable Use Guidelines and/or Google/Android Pay’s (API) Terms of Service.
15. Themes
If you choose, you may contribute website themes ("Custom Themes") to the Service for use by other users. You hereby grant and agree to grant us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Themes contributed by you to the Service, including the HTML code and associated media assets.
16. Designer Platform Terms
If you use our Designer Platform Service to design a web site (a “Client Website”) for a third party (your “Client”), your use of the Service shall be subject to the additional terms set forth in this Section 16.
A. Your relationship with your Client is strictly between you and the Client. We will not be a party to any agreement you have with your Client. The manner and means that you choose to perform your services are in your sole discretion and control; however you agree to perform these services in a timely and professional manner, consistent with industry practice and in conformance with these Terms.
B. You accept full responsibility for all Client Websites under your account and for each Client Website’s adherence to these Terms.
C. While we intend to allow you to resell the service under a private label, this private label is in no way guaranteed and we will in no way be held responsible for any failure to maintain its private label.
D. In the event your Client contacts us, we will direct them to contact you. In the event you fail to support your Client and we receive a request from your Client stating that you have not been responsive, we reserve the right to support your Client directly.
E. Payments for your use of the Designer Platform Service are calculated on a per website basis. Each Client Website under your account that is published live to a Client’s domain will incur monthly service charges. These service charges are billed to the credit card on file for your Weebly account.
F. Service charges are billed each month for the upcoming month’s service, based on the total service charges of all Client Websites. If a new Client Website is published mid-month, a pro-rated amount will be included on your next month’s invoice.
G. No refunds will be given for any days remaining in your current billing cycle.
H. You understand and agree that you, as the Account Holder, are ultimately responsible for payment for every Client Website under your account. If, at any time, the billing obligations of any Client Website are not met, we will have the right to disable the Client Website until the billing obligation is met.
17. Resale of Service
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with Weebly (such as the Weebly Cloud Agreement).
Weebly is often used by Designers to design websites for a third party. Such use is explicitly permitted under the Designer Platform terms above. Should you design websites for third parties on any other version of Weebly other than the Designer Platform, such sites must each have their own account controlled by the third party, and you may not group multiple client sites under one account owned by you.
Questions about the Terms of Service should be sent to us at [email protected].
OVERVIEW
This website is operated by BlissfulBlingByDe’Vore LLC. Throughout the site, the terms “we”, “us” and “our” refer to BlissfulBlingByDe’Vore LLC. BlissfulBlingByDe’Vore LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
My store is hosted on Weebly Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. Acceptance of Terms
Thank you for using BlissfulBlingByDe’Vore LLC! These Terms of Service (“Terms”) are a legal agreement between you and BlissfulBlingByDe’Vore LLC (as defined below) and govern your use and access to BlissfulBlingByDe’Vore LLC website creation service, including our website hosting services, websites, communication tools, mobile applications, and ecommerce tools and other services (collectively the “Service”) that are made available through the website (http://blissfulblingbydevore.com) and associated domains owned by BlissfulBlingByDe’Vore LLC (collectively, the “Site”) or otherwise made available by BlissfulBlingByDe’Vore LLC. By using the Service in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization. These Terms will also apply when you use the Service on a trial basis. If you do not agree to these Terms, do not use the Service.
When these Terms mention “BlissfulBlingByDe’Vore LLC,” “we,” “us,” or “our,” it refers to the Block company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Weebly account as determined by either your express selection or by BlissfulBlingByDe’Vore LLC assessment of your residence using various data attributes associated with your Weebly account.
● If your Country of Residence is the United States, you are contracting with 2704 GOPOST PD29848 NY,NY 10027, United States.
● If your Country of Residence is Canada, you are contracting with Square Technologies, Inc.
● If your Country of Residence is Japan, you are contracting with Square KK.
● If your Country of Residence is Australia, you are contracting with Square AU PTY, Ltd.
● If your Country of Residence is the United Kingdom, Ireland or anywhere except United States, Canada, Japan, or Australia, you are contracting with Squareup International Ltd.
In addition to the restrictions set forth above, you are prohibited from using this website Weebly account platform or otherwise using the Service if you are not legally capable of entering into contracts, for example, if you are not the age of majority in your Country of Residence. If you are not the age 18 and over of majority in your country or region, you may only create or use a Weebly account with the supervision and consent of a parent or guardian or alternatively obtained signed consent from your parent or guardian.
2. POLICY
ALL SALES ARE FINAL!
BlissfulBlingByDe'Vore LLC
Processing time is as followed and can be subject to change 3-6 WEEKS Portrait orders are 4-6 weeks
(Excluding Sundays & Holidays)
Availability: Mon-Fri: 9am-9pm
Saturday's: 12pm-5pm
Sunday’s: CLOSED
When will my order be shipped? You will automatically receive an e-mail once your status progress update states shipped. It will contain a tracking number you can utilize to go online and track the status of your shipment. Please allow 24-48 hours before tracking your order. Shipment go out every Monday, Wednesday & Friday.
Price range varies and interpends on size, choice of crystals, time and labor.
FULL PAYMENT REQUIRED BEFORE ANY ITEM IS STARTED!
IF YOU WOULD LIKE AN INVOICE ONCE IT’S CREATED AND SENT TO YOUR EMAIL, IT MUST BE PAID within 1 hour of being sent.
Monday through Saturday invoices are sent. If it’s not paid within the hour of creation your invoice will be CANCELED!
Please ONLY inquire for an invoice if you’re SOLELY READY! IF THE ITEM YOU’RE INTERESTED IS NOT LISTED ON THE WEBSITE
NO CASH REFUNDS, NO RETURNS, NO EXCHANGES
due to high immensity of each item being a CUSTOM ENVISIONED NOVELTY and specified to your liking.
Especially for sanitary purposes regarding COVID 19!
If you have any issues regarding your order please contact me via email: [email protected]
I can assure you collectively we will find the best solution. A STORE CREDIT for the amount of the item can be issued, it's validated for 30 days
or i am willing to fix the item within
7 days of the customer receiving their item
(NO ADDITIONAL COST).
After 14 days fee’s apply.
NO EXCEPTIONS
I double check every custom order and carefully pack to make sure my customers receive their order in its best condition. I am not responsible for any damage caused once an item leaves my possession.
NON CUSTOM ITEMS
Should you receive an item that is faulty or damaged please contact me within 4 business days of receiving the item, along with images. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
You will be responsible for paying for your own shipping costs for returning your item(s). Shipping costs are non-refundable.
Please review the entire invoice prior to remittance of payment as no changes can be made. With clicking submit indicates you’re in agreement to the terms and conditions.
Will the crystals easily fall off?
All crystals and accessories are strongly attached with special made
adhesive that will NOT easily fall off. However, these are delicate items
and should be handled with care.
• PLEASE HANDLE YOUR LUXURY ITEMS WITH CARE.
• INCLUDING DAMAGE FROM DROPPING OR NOT FOLLOWING THE CARE INSTRUCTIONS LISTED OR PROVIDED..
• I WILL NOT CONTINUOUSLY FIX AN ITEM YOU DIDN’T PROPERLY CARE FOR YOU HAVE 7 DAYS TO SEND BACK IN ITEM, YOU WOULD LIKE ME TO FIX
•AFTER 14 DAYS (FEES WILL APPLY)!!!
3. Shipping Of Service
Items are STRATEGICALLY HANDPLACED started in the orders they’re received (subsequently). Simultaneously I'm able to complete plentiful orders within my 6 week time frame. Each custom order no matter how complex or intricate is used with high quality materials.
Processing time is not included with shipping time!
EXCLUDING SUNDAYS AND HOLIDAYS!!!
Turn around time can be sooner based upon a
RUSH ORDER with an additional $100 dollar rush fee per item
Rush orders processing times are
(10-12 business days) 14 business days for portraits
not including shipping time.
Please also understand not every item can be rushed.
Once “rush orders” are placed same day i began production
ahead of existing orders.
Individuals who inquires about “next day shipping” is required to pay for overnight
shipping that varies depending upon your zip code and size
of your package.
I utilize UPS OR USPS for
“RUSH ORDERS”
Items marked “DELIVERED” by USPS are technically considered delivered. If for some reason, your tracking shows it has been “DELIVERED” and you still have not received it, please reach out to your local USPS location for them to locate your package. If an item you’re tracking suddenly STOPS UPDATING due to unforeseen situations.
CONTACT USPS CUSTOMER SUPPORT NUMBER
1800-275-8777
as they can better assist with locating your delayed or missing package.
If USPS website accuracy is falsely erratic i highly advise filing a complaint with USPS OFFICE OF INSPECTOR GENERAL (OIG)
1888-877-7644
MONDAY’S, WEDNESDAY’S & FRIDAY’S
I ship out orders via UPS using ground 2nd day or next day air. I also utilize USPS priority mail 1-2 or 3 days.
Will provide day-specific delivery information. All U.S priority shipped items include POSTAL INSURANCE (loss, damage, or missing contents) at no additional cost to the customer.
Shipping cost is based upon weight and location. Rates and delivery times will be available at checkout for your own selection.
Once shipping labels are created you will
receive tracking info via email or via website entailing your order has been
shipped.
For pick up and drops off's:
You must have access to your email to confirm your order has been received - no exceptions.
Stating...
"I have received my blissful items on ......"
BLISSFULBLINGBYDE'VORE LLC
TO PROTECT FRAUD PREVENTION
I ONLY SHIP TO THE ADDRESS YOU PLACED ON THE ACCOUNT AT CHECKOUT!
VERIFYING THE IP ADDRESS ASSOCIATED WITH THE ORDER IN THE FRAUD ANALYSIS. TO HELP REDUCE THE CHANCE OF FUFILLING FRAUDULENT ORDERS!
I WILL PROVIDE ELECTRONIC SIGNATURE CONFIRMATION FOR ALL ORDERS OVER VALUE AMOUNT $150 DOLLARS OR MORE.
CUSTOMERS CAN REQUEST A PROOF OF DELIVERY (POD) AT AN ADDITIONAL COST.
Postal services are responsible for parcels’ safety during transportation. In any case your item arrives broken due to postal error, customer MUST KEEP ORIGINAL PACKAGING. Also be able to provide photography proof to be eligible for reimbursement. USPS WILL BE RESPONSIBLE FOR MONETARY REIMBURSEMENT
So as a fragile item can be damaged, it needs to be protected with special packaging materials. USPS requires an extra charge for special handling fragile labels. As it is my job to make sure all items are PACKAGED EFFICIENTLY this is a good service to keep in mind when ordering for self assurance.
It is the customer's responsibility to pay for any additional services
on all orders upon request.
4. Fees/payment
I offer all major Debit Credit Cards, PayPal & Apple Pay! I also Afterpay on my other domain if you would like to apply here is the link https://blissfulblingitems.square.site/
Afterpay is a buy now, pay later (BNPL) service that allows customers to pay for online orders in four interest-free payments over six weeks. You get the full amount—up front.
To be eligible to use Afterpay you must:
- Be an individual who is at least 18 years old (19 years old in Alabama or if you are a ward of the state in Nebraska);
- Be a resident of the United States and reside within one of the 50 states or the District of Columbia;
- Be capable of entering into a legally binding contract;
- Have a valid and verifiable email address and mobile telephone number;
- Provide a valid delivery address in the United States; and
- Be authorized to use the Payment Method provided (US-issued debit or credit card)
- Pass Identify verification (Pay Monthly)
Once completed and placed, your order is immediately put into production.
Changes to personalized orders cannot be accepted once you have completed your invoice. Completion
of your order confirms and acknowledges that you have reviewed and verified
the accuracy of your entire order on your PayPal invoice and shipping
information before payment was submitted.
6.Registration
To register as an Account Holder, you must provide us with a valid email address and other personal information ("Registration Data").You will choose a password and account designation for your web sites during the registration process and you will obtain a Weebly ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Weebly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. In addition to the restrictions on selling set forth in Section 9 below, individuals under the age of 13 are prohibited from creating or using accounts through Weebly.com. Students under the age of 13 may, however, use Weebly through special student accounts created by their teachers through education.weebly.com, provided the teacher has obtained signed parental consent from the student's parents.
7. Weebly Privacy Notice
Our Privacy Notice (available at: https://www.weebly.com/privacy), which is part of these Terms, describes how we collect, protect, and use your Registration Data and certain other information about you. We encourage you to read the Privacy Notice, and to use the information it contains to help you make informed decisions.
8. Website account and security
You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Weebly or any of its affiliates, subsidiaries, officers, directors, or employees be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
9. Proprietary Rights
The Site and Service are owned by Weebly. The Site and Service use and display content, features, and functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, trade dress, service marks, logos, slogans, and taglines, owned by Weebly or other unaffiliated third parties, that are protected by U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of the Site or Service may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Weebly or the respective third-party intellectual property owner, or except as otherwise specifically provided herein. We reserve all rights not expressly granted in these Terms.
The Service, all confidential and proprietary software used in connection with the Service, Materials (as defined below), content contained in sponsor advertisements or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through Weebly are protected by copyright, trademark, trade secret, or other intellectual property laws. You are solely responsible for ensuring that your use of such Materials, including any “professional photos” or “free photos” made available through the Service, is done solely in accordance with all relevant laws, and any terms or conditions applicable to such Materials. In no event shall Weebly be liable to you or any third party for your use of Materials in violation of law, or any terms or conditions applicable to such Materials.
“Materials” means any and all software, text, software documentation, designs, "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through Weebly or the Service.
You may use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms and, in the case of Materials owned by third parties made available to you by or through Weebly or the Service, any third-party terms or conditions applicable to such Materials. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher (or otherwise attempt to discover any programming code or any source code used in or with the Materials), or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein and in any relevant third-party terms of service is expressly prohibited. We reserve all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Weebly or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted to you without the express written permission of Weebly or the respective third-party Mark owner.
“Professional Photos”- By purchasing and/or using any “professional photos” available through the Service, you agree that: (i) you will use such “professional photos” on your Weebly site only, for display solely in digital form; (ii) you will not sell, modify, re-use, re-sell, distribute, display, reproduce, or make any other use of such “professional photos”; (iii) where a “professional photo” features an individual and is used in connection with a sensitive, unflattering or controversial subject, you will include a statement that the image is used for illustrative purposes only and that the individual featured is a model; and (iv) you will not activate the “right-click” function in any “professional photo”, remove any metadata in any “professional photo”, or reverse engineer, decompile, or disassemble your site to enable the download or use of any “professional photo” on a standalone basis. In addition, you may not use any “professional photo”: (i) on a standalone basis with no other content; (ii) for pornographic, defamatory, or other unlawful purposes; (iii) to create or enable the creation of printed products; (iv) in physical or digital retail products, such as e-cards, calendars, posters, or screensavers; (v) to suggest or imply endorsement, sponsorship, or affiliation by or with any of the subject matter contained within the “professional photo;” (vi) for the purpose of enabling file-sharing of the image file; or (vii) in logos, trademarks, service marks or any other branding or identifiers.
10. Your rights in your Content
Weebly does not claim ownership of your Content (as defined below), but you give us your permission worldwide to host your Content on the Service and to perform all acts necessary to host your Content on the Service (such as making copies, reformatting, and distributing your Content). In other words, you grant us and our subsidiaries affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media.
We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Weebly representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to our Privacy Notice.
11. Content and conduct rules and obligations
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole property of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. Your Content does not include non-personally identifiable buyer/seller transaction or behavioral data derived from the use of Weebly’s eCommerce platform (collectively, “Platform Data”). Weebly owns all Platform Data and uses it for Service operations, improvements, and analytics. You are also responsible for creating back-up copies of your Content.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You will not:
A. upload, post, transmit or otherwise make available any Content that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
ii. you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
iii. infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
iv. is unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
v. contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any Weebly user to access the Service;
vi. is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid/multi-level marketing, or other dubious schemes; or
vii. is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;
B. harm minors in any way;
C. "stalk," “bully,” or otherwise harass another;
D. impersonate any person or entity, including, but not limited to, a Weebly employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
E. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
F. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
G. intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
H. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
I. use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
J. solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
K. exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
L. include more than three ad units per page, or any advertising that greatly reduces the usability of the Site;
M. upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service (i.e., created with the Weebly editor);
N. create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;
O. use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater;
P. Abuse our customer support email, chat, or telephone services or agents; or
Q. Take any other action while using the Service that is detrimental to the Service or Weebly’s reputation, as determined by Weebly in its sole discretion.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
12. Selling Through Weebly
Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Weebly (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to conduct transactions for these Commercial Products. In order to sell through Weebly, you must be 18 years or older or at least the age of majority in your Country of Residence and you must provide your full legal name, current address, valid email address, and any other information requested by us. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the payment service provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in these Terms, you must follow the rules listed below when offering, selling, or purchasing Commercial Products.
YOU WILL NOT offer or sell any Commercial Products that:
● are illegal or potentially illegal, including those that are counterfeited, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S.;
● infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libelous, slanderous, or otherwise defamatory;
● we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent; or
● are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of these Terms; or
● use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
13. Limitations on Use of Personal Information
For purposes of this section, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household that is processed by Weebly in connection with the Service.
For purposes of this section, “process”, “sell”, and “business purpose(s)” have the meaning ascribed to them in the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq. We may receive Personal Information for the purpose of performing the Service on your behalf as described in these Terms. We agree that we will process such Personal Information on your behalf and will not (a) sell the Personal Information; (b) retain, use or disclose the Personal Information for any purpose other than providing to you the Service specified in these Terms [and other applicable terms and agreements between you and Weebly]. As part of and for purposes of facilitating the Service, Weebly may (a) deidentify or aggregate the Personal Information; and (b) process the Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Service; improving, updating or enhancing the Service, either for you or for our customers generally; and complying with our legal obligations. You acknowledge and agree that Personal Information that you disclose to Weebly is provided to Weebly for the parties’ business purposes.
14. Third Party Services, Software, and Websites;
No Implied Endorsement Weebly is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, or website, including but not limited to any content thereon such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, files, documents, or other materials (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials by or through the Site or Service. Weebly does not endorse or assume responsibility for any Third Party Materials and makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use of such Third Party Materials. You are solely responsible for ensuring that your use of any Third Party Materials, including those made available by or through the Site or Service, is done solely in accordance with all relevant laws, and the terms and conditions of any applicable licenses or other agreement. In no event shall Weebly be liable to you or any third party for your use or alleged use of any Third Party Materials.
Further, Third Party Materials, such as email, e-commerce and payment services including but not limited to, Authorize.net, PayPal, Square, and Stripe payment options, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider's terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.
Third Party Payment Processors: Weebly uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the Weebly Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.
· Authorize.net - privacy policy
· PayPal - privacy policy
· Square - privacy policy
· Stripe - privacy policy
· Apple Pay - privacy policy
· Android Pay - privacy policy
Apple Pay and Android Pay are automatically activated for users who have selected Stripe as their payment processor. If you do not wish to accept Apple Pay or Android Pay as a payment type, it is your responsibility to deactivate Apple Pay and/or Android Pay. You can deactivate these payment options in your Store checkout settings. Your use of Apple Pay and Android Pay constitutes your acceptance of Apple Pay’s Acceptable Use Guidelines and/or Google/Android Pay’s (API) Terms of Service.
15. Themes
If you choose, you may contribute website themes ("Custom Themes") to the Service for use by other users. You hereby grant and agree to grant us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Themes contributed by you to the Service, including the HTML code and associated media assets.
16. Designer Platform Terms
If you use our Designer Platform Service to design a web site (a “Client Website”) for a third party (your “Client”), your use of the Service shall be subject to the additional terms set forth in this Section 16.
A. Your relationship with your Client is strictly between you and the Client. We will not be a party to any agreement you have with your Client. The manner and means that you choose to perform your services are in your sole discretion and control; however you agree to perform these services in a timely and professional manner, consistent with industry practice and in conformance with these Terms.
B. You accept full responsibility for all Client Websites under your account and for each Client Website’s adherence to these Terms.
C. While we intend to allow you to resell the service under a private label, this private label is in no way guaranteed and we will in no way be held responsible for any failure to maintain its private label.
D. In the event your Client contacts us, we will direct them to contact you. In the event you fail to support your Client and we receive a request from your Client stating that you have not been responsive, we reserve the right to support your Client directly.
E. Payments for your use of the Designer Platform Service are calculated on a per website basis. Each Client Website under your account that is published live to a Client’s domain will incur monthly service charges. These service charges are billed to the credit card on file for your Weebly account.
F. Service charges are billed each month for the upcoming month’s service, based on the total service charges of all Client Websites. If a new Client Website is published mid-month, a pro-rated amount will be included on your next month’s invoice.
G. No refunds will be given for any days remaining in your current billing cycle.
H. You understand and agree that you, as the Account Holder, are ultimately responsible for payment for every Client Website under your account. If, at any time, the billing obligations of any Client Website are not met, we will have the right to disable the Client Website until the billing obligation is met.
17. Resale of Service
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with Weebly (such as the Weebly Cloud Agreement).
Weebly is often used by Designers to design websites for a third party. Such use is explicitly permitted under the Designer Platform terms above. Should you design websites for third parties on any other version of Weebly other than the Designer Platform, such sites must each have their own account controlled by the third party, and you may not group multiple client sites under one account owned by you.
Questions about the Terms of Service should be sent to us at [email protected].
