Access and use of this site indicates that the user has read, understood and accepted the Terms of Service as stated on www.shopdelighted.com. Delighted reserves the right, at its sole discretion, to change, modify and/or delete any portion of these Terms of Service at any time. Changes in the Terms of Service will be effective when posted. All site activity is subject to the most current Terms of Service, and your continued use of the website after any changes to the Terms of Service are posted will be considered acceptance of those changes.
MEMBER & USER CONDUCT
Members and users are expected to conduct themselves in a manner that is constructive and respectful of others at all times. Additionally, we hope that each member or user will work to facilitate a culture of collaboration and positive reinforcement, so everyone can share their passion for creating while developing personal ambitions and friendships.
Delighted maintains a Zero Tolerance on certain behaviors within the community. These include, but are not limited to:
- Threats of physical harm, property damage or acts of violence toward an individual or group of individuals
- Impersonation of a Delighted moderator or administrator
Members found practicing the above behaviors will immediately have their membership revoked and be permanently blocked from participaing in the community. Duplicate accounts for offending members will also be permanently blocked. Delighted considers membership information private and confidential. However, certain situations may necessitate otherwise. If appropriate, the appropriate legal authorities will be contacted, and charges may be filed.
MEMBERS & USERS WILL NOT USE THE DELIGHTED COMMUNITY FOR:
Any practices that affect the normal operations of the community. (Admins will take whatever steps are necessary to restore service.)
- Transmitting any libelous, defamatory, or any other material that could give rise to any civil or criminal liability under the law.
- Personal attacks, including but not limited to, destructive, abusive, defamatory communications in any form, and retaliatory attacks. If you need assistance, please email Delighted at email@example.com.
- Destructive commentary or communications made with the intent to disrupt or attack (Trolling). This applies to any communications within this community, including but not limited to forums activity, sitemail or article opinions.
- Advertising or linking to any publications and/or websites that are sexually explicit , and/or pornographic in nature.
Delighted provides a variety of communication tools to members. These include: forums, galleries, and site mail. Members using Delighted to send spam, or unsolicited advertising information, etc will be subject to disciplinary action . Any information provided by members using these services is considered public information and is logged. Delighted has access to these communications and will review them if needed. Delighted will not be held responsible and/or liable for information that members choose to share via these tools. We strongly recommend that members exercise forethought and caution prior to disclosing any personal information while using these tools.
Posting private email or sitemail communications without the written consent of both parties is not allowed.
Sellers are responsible for delivering shippable items and digital files that are not downloadable directly from www.shopdelighted.com to buyers. If a buyer or Delighted contacts a seller about sold items not received, the seller must respond to the buyer and/or Delighted in a timely manner. If a seller does not respond to a buyer in a timely manner or multiple buyers file complaints regarding unfulfilled orders, Delighted reserves the right to restrict access to or close a seller's shop. In the event that Delighted closes a shop, the seller is still responsible for any outstanding fees associated with using Delighted.
If a buyer does not receive purchased items, he or she should open a dispute with PayPal. If PayPal refunds a buyer for the cost of an item or items not received, the seller is still responsible for any fees associated with listing and selling the item(s).
Delighted charges a fee for listing an item for sale and charges a percentage of the sale price (success fee) when an item sells. Sellers are responsible for paying all fees incurred while using Delighted. A list of current fees and past invoices are available for sellers to view under My Shop > Invoices. Delighted will also send an invoice to the seller's email address on file detailing the amount due for the prior month's fees. The seller must pay the amount due in full within 15 days of the invoice date or the account will be considered past due. If an account is more than 30 days past due, Delighted will restrict access to the seller's shop until the past due fees are paid in full.
Privacy Statement :
Delighted maintains a database of member/user information to facilitate the community's operations for members, users and administrators. The following discloses our information collection, use and dissemination practices.
E-mail Addresses: Member e-mail addresses are stored in a database for use in distributing member selected newsletters. This information is not shared except in cooperation with appropriate authorities in the case of violations of our Zero Tolerance Conduct.
IP addresses: Member/User IP addresses are collected, and stored in a database to help diagnose, track, and manage issues within the community. This information is not shared except in cooperation with appropriate authorities in the case of violations of our Zero Tolerance Conduct.
Purchasing Data: Delighted maintains a database of merchandise purchases. Purchasing Data consists of, but is not limited to Name, Address, and Phone. Delighted does not keep a database of credit card numbers. This information is not shared except in cooperation with appropriate authorities in the case of violations of our Zero Tolerance Conduct.
Cookies: Delighted Servers are programmed to read, and write member/user specific cookie files. The use of these files is limited to page views and stored information provided by the member. This includes member passwords, purchasing data, and aggregate data. Please note that any data other than that contained in Delighted cookie files cannot be read off your hard disk.
Aggregate Data: Delighted collects, and uses aggregate data for the purpose of soliciting advertisers. This data includes page views, ad impressions, click throughs, total membership and total number of subscribers. No personal information is shared with this statistical data.
Off-Site Links: The Delighted community contains links to a variety of other web sites. These are usually in the form of member/user provided links. Delighted cannot, and will not be held responsible for the privacy practices, or content of any web site other than our own.
YOU AGREE THAT THE LAWS OF THE STATE OF TENNESSEE, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS, WILL GOVERN THE TERMS OF SERVICE AND A DISPUTE OF ANY TYPE THAT MAY ARISE BETWEEN YOU AND Delighted IN CONNECTION WITH YOUR USE OF THE WEBSITE SHALL BE BROUGHT EXCLUSIVELY IN THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEE OR THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE, TO WHICH YOU SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE THEREOF. YOU FURTHER AGREE THAT IN THE EVENT LITIGATION ENSUES OVER THE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE, THE PREVAILING PARTY IN ANY SUCH LITIGATION SHALL BE ENTITLED TO RECOVER ALL COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES, COURT COSTS AND ATTENDANT EXPENSES, FROM THE NON-PREVAILING PARTY.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Delighted EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Delighted MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Delighted OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Delighted SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Delighted HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
NO SPAM; DAMAGES:
Delighted may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Delighted liquidated damages of five dollars (US $5.00) for each time a spam incident is traced to your Delighted account. Otherwise you agree to pay Delighted's actual damages, to the extent such actual damages can be reasonably calculated.
Delighted is owned and operated by Bondware, Inc. Please feel free to contact us if you have any questions.