Terms & Conditions
Term of Use
1. License and Permitted Uses
The Site provides both general information concerning our business and an interactive online service operated by us (the “Service”) which enables End Users to purchase products through the Site.
Subject to the terms and conditions of this Agreement, Dixie Devil hereby grants to you the non- transferable, nonexclusive, revocable, limited license to access and use the Site and the Service without any right to re-license, sublicense, distribute, assign or transfer such rights. Dixie Devil reserves all rights not expressly granted in this Agreement. As a condition of your use of the Service and the Site, you agree that:
You will not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to our Site or Service;
You will not reverse engineer, decompile or modify the Site, in whole or in part or otherwise use the Site or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Site, the Service, or any other products or services provided by Dixie Devil or its affiliates;
2. Availability of the Site
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Service at any time, without notice to you. While we use reasonable efforts to keep the Site and the Service accessible, the Site or the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. Dixie Devil reserves the right to terminate your user account and/or to prevent you from using or accessing the Site at any time and for any reason. Dixie Devil retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Service.
3. Accuracy, Completeness and Timeliness of Information
Products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions
You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site or the Service; and
Your use of the Site and the Service will at all times comply with the terms of this Agreement; and
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
of our products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We reserve the right to refuse or cancel any order you place with us for any reason. In the event that we make a change to or cancel an order, we may attempt to notify you via the email, billing address, and/or phone number provided to us when the order was placed.
5. Ownership of the Site
The content and information on the Site as well as the infrastructure used to provide the Site and the Service is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products or services obtained from or through the Site.
6. Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Dixie Devil and the Site while it is being transmitted. In addition, Dixie Devil is not responsible for any data lost during transmission.
Links to third party websites through the Site, if any, are provided solely as a convenience to you. Dixie Devil is not responsible for the content provided through these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and we make no warranty as to the accuracy of any such information. Dixie Devil has not reviewed any third party websites accessible through such links and does not control and is not responsible for any third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Dixie Devil does not endorse or make any representations about third party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them. If you access any third party websites linked to the mobile application, you do so entirely at your own risk. You acknowledge and agree that Dixie Devil is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party websites or links to third party websites.
7. Special Protections for Children
The Site is not designed for or targeted to children under the age of 13. We will never knowingly collect information from or about a child under the age of 13. Any information submitted to us about a child under the age of 13 will be deleted. Any information we reasonably believe originated from a child under the age of 13 will be deleted in the absence of verifiable parental consent.
8. User Comments, Feedback and Other Submissions
If you provide Dixie Devil with ideas, suggestions, proposals, plans, feedback, or other materials in any and all media or formats, including, without limitation, any trademarks, photographs, graphics, artwork, videos, sound clips, or text (collectively or individually, “Submission” or “Submissions”), by any method, either at our request or otherwise, you agree that we may edit, copy, display, publish, distribute, translate and use such Submissions for any purpose, without restriction. You agree that Dixie Devil is under no obligation to: (1) maintain any Submission in confidence; (2) compensate you or any party for any Submission; or (3) to respond to any Submission.
You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submission. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submission posted by you or any third-party.
9. Creating an Account on the Site
In order to access certain features of the Site and the Service, you have to create a User Account with Dixie Devil (“User Account”). You will be asked to provide your name and email address to create an account. You may only create one account as an individual. You must safeguard your password and supervise the use of your User Account, and understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify Dixie Devil immediately of any unauthorized use of your User Account.
Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business. If you violate any of these limitations, we may terminate any or all of your User Accounts. If we terminate your User Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your User Account, your User Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and
international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
10. Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.
11. Your Conduct on the Site
a) Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Dixie Devil Account;
b) Attempting to scan or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
c) Tampering or interfering with the proper functioning of the Service or any part, page or area of the Site and any and all functions and services provided by Dixie Devil;
d) Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
e) Using the Service, the Site or any of its contents to disparage third-party merchants, or to compete, directly or indirectly, with Dixie Devil;
f) Using the Service, the Site or any of its contents to harass, abuse or harm another person or entity;
g) Submitting any unlawful, defamatory, threatening, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature in connection with your Dixie Devil account;
h) Reselling or repurposing your access to the Site or the Service;
i) Using the Service, the Site or any of its resources to solicit End Users or other business
partners of Dixie Devil to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Dixie Devil;
j) Accessing, monitoring or copying any content or information from the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
k) Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
l) Taking any action that places excessive demand on our Service or that imposes or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
m) Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
n) Deep-linking to any portion of the Site without our express written permission;
o) Acting illegally or maliciously against the business interests or reputation of Dixie Devil
or our End Users;
p) Violating the copyright, trademark, service mark or other intellectual property rights of a
third party in connection with your use of the Site or Service;
q) Hyperlinking to the Site from any other website without our initial and ongoing consent;
r) Using the Site or Service if you are under the age of 13.
12. Illegal Activity
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations. You may not register under a false name.
Dixie Devil has the right, but not the obligation, to monitor any activity and content associated with the Site and investigate as it deems appropriate. Dixie Devil may also investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, termination of your User Account, retention of all fees paid to us by you for our Service and/or your use of the Site, denying access and/or removal of any materials on the Site. Dixie Devil reserves the right and has absolute discretion to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
Dixie Devil also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other third parties. In order to cooperate with governmental requests, to protect Dixie Devil’s systems and customers or to ensure the integrity and operation of Dixie Devil’s business and systems, Dixie Devil may access and disclose any information it considers necessary or appropriate, including, but not limited to, End User contact details, IP addressing and traffic information, usage history and posted content.
13. Intellectual Property
Everything located on or in the Site is the exclusive property of Dixie Devil or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING OR OTHERWISE MODIFYING THE SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DIXIE DEVIL IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
All trademarks, service marks, trade names, logos and trade dress, including, without limitation, the trademark DIXIE DEVIL, whether registered or unregistered (collectively, the “Marks”) that appear on the Site are proprietary to Dixie Devil or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of Dixie Devil, and you may not remove or otherwise modify any trademark notices from any content.
The Site and any Microsite contains copyrighted material, trademarks, service marks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Dixie Devil owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. You may download, print and/or save copyrighted material for your record-keeping purposes only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Dixie Devil or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or delete any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
14. Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Procedures
Dixie Devil reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Dixie Devil with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site and description of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Dixie Devil’s DMCA Agent for notice of claims of copyright infringement is:
15. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER DIXIE DEVIL NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, (B) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE OFFERED THROUGH THE SITE OR (C) THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIXIE DEVIL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
16. Limitation of Liability
19. Governing Law
20. Entire Agreement
21. Contact Information
To contact Dixie Devil about this Agreement or to provide any other notice, send such notice via email or conventional mail. Notices to us must be sent to support@DixieDevil.com.
Effective Date: October 28, 2016
IF YOU DO NOT AGREE WITH ANY PART OF THIS POLICY, THEN PLEASE DO NOT USE THE SITE.
1. Information We Collect
We collect personally identifiable information about you when you voluntarily request information from us or supply information through the Site that personally identifies you and/or allows us to contact you, including any and all materials submitted by you when you submit an online product order, complete an online form or participate in a survey, promotion, contest or sweepstakes. “Personally identifiable information” means information associated with you or used to identify or contact you. This includes information such as your name, address, telephone number, e-mail address, and credit card information.
You agree that we may use your personal information as follows:
• • • • • •
to establish and manage business relations with you; to fulfill the orders you place through the Site;
to operate, improve and personalize our services;
to customize our advertising and marketing;
to communicate with you via email or phone;
for customer service, security, to detect fraud or illegal activities, or and for archival and backup purposes in connection with the provision of the services;
to better understand how users access and use the Site, for the purposes of trying to improve the Site, diagnose problems, administer our Site and respond to user preferences; and
When you use the Site, we may automatically collect certain non-identifying information about you or “Usage Data”, such as your movement about the Site, the type of browser or operating system you use, or the domain name of the website from which you linked to the Site. We use the information that we collect to operate, improve and personalize the Site, to plan and evaluate marketing initiatives, to provide customer service, and to detect, prevent and mitigate fraudulent or illegal activities.
We may also share certain de-identified demographic information with third-party partners to allow them to provide certain kinds of services to us. We and they use this kind of de-identified information for data modeling, marketing, and improving our services.
2. Disclosing Your Information to Third Parties
Any information we gather, whether voluntarily provided by you or automatically collected, may be used for our internal business and marketing purposes but will not be sold or otherwise disclosed to third parties for any purposes, except as stated below.
We treat the information you submit through our Site as confidential. We may share personally identifiable information about you with subsidiaries or affiliates and to third parties whom we hire to provide services on our behalf to perform functions for which we engage them (such as hosting, shipping, payment processing, delivering promotional materials and when we need to share the information in order to provide a service requested by you). These companies or individuals may use your personally identifiable information only to the extent necessary to assist us and are required to protect the information.
In the event that we are involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving us, you consent to your personal information and any other information we may have collected being transferred to another party in connection with such transaction.
Notwithstanding any other statements or representations in this Policy or elsewhere on our Site, we reserve the right to disclose any information in our possession if we are required to do so by law or we believe, in good faith, that such a disclosure is necessary to comply with the law, defend our rights or property, or to respond to an emergency situation.
We implement a variety of security measures to maintain the safety of your personal information that you submit. However, the security of information transmitted through the Internet can never be guaranteed. We (like all websites) cannot warrant or guarantee 100% security of any information you transmit to us at our websites.
4. Third Party Links
The Site may contain links to websites maintained by third parties with which we have no affiliation. This Policy does not reflect the privacy practices of those sites, and you should consult the privacy policies of those sites to learn about their practices. A link to any third party site does not mean that we endorse it or the quality or accuracy of information presented on it.
Like many companies, we may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your computer’s or mobile device’s hard drive by a web page server. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.
6. Additional Protections for Children
The Site is not designed or targeted to children under the age of 13. We will never knowingly solicit or collect personally identifiable information from a child under the age of 13 through the Site. If we discover that a child under the age of 13 has submitted personally identifiable information without verifiable parental consent, we will delete that information.
7. Contacting Us
If you have any questions or comments about this Policy or would like to review, update, correct, or delete any personally identifiable information you have provided, please contact us at support@DixieDevil.com.
If you do not wish to receive marketing or promotional materials from us, you may opt-out of receiving future marketing or promotional emails from us by clicking the “unsubscribe” link at the bottom of any marketing email from us. Notwithstanding such an opt-out, as long as you continue to order products from us, you will continue to receive transactional emails from us related specifically to those orders.