Terms & Conditions

1. TERMS & CONDITIONS OF USE

By visiting, navigating, or otherwise using Diona Nicole Design Studio, LLC (“DNDS”) website (the “Website”), including browsing our products, subscribing to our Website, or otherwise interacting with the Website, you agree to comply with the following Terms & Conditions of use.  DNDS reserves the right to amend and revise these Terms & Conditions from time to time at DNDS’s sole discretion. 

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2. NO WARRANTY

Content on this Website is being provided "AS IS" and without any warranty of any kind, including, without limitation, warranties of merchantability or fitness for any particular purpose.

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3. LINKS TO OTHER SITES

In the event you click on, or use, any external link appearing on the Website, you understand that you will be redirected away from the Website.  These links are provided solely for convenience and DNDS is not responsible for the content or policies of any linked website.

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4. COPYRIGHT AND TRADEMARK NOTICE

Unless otherwise specified, all materials appearing on the Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement of the Website, are the sole property of DNDS and protected by intellectual property laws.  You may use the content of this site only for the purpose of transacting on the Website and for no other purpose. No images or other materials appearing on the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission from DNDS.  All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

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5. INTELLECTUAL PROPERTY POLICY AND REPORTING

DNDS respects the intellectual property rights of others and takes claims of copyright and trademark infringement seriously. We will respond to notices of alleged infringement that comply with applicable law. If you believe any materials accessible on the Website infringe your copyright or trademark, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright and Trademark Agent (designated below).  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice for copyrights (the “DMCA Notice”) must include substantially the following and the same information should be provided with respect to content that may infringe on trademark rights of others:

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1. Your physical or electronic signature;
2. Identification of the copyrighted work (or trademark) you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
5. A statement that you have a good faith belief that use of the copyrighted material (or trademark) is not authorized by the copyright/trademark owner, its agent, or the law;
6. A statement that the information in the written notice is accurate;
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright/trademark owner.

Our designated Copyright/Trademark Agent to receive Notices is:

Albert J. Soler, Esq.

SCARINCI | HOLLENBECK

589 8th Avenue

16th Floor

New York, NY 10018

asoler@sh-law.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

6. SERVICES AND MERCHANDISE

The following terms and conditions apply to services provided by DNDS: 

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1. Materials and Information: You agree to provide clear and legible images, instructions, photographs, specifications, images, descriptions, and any other materials requested by DNDS in connection with your project.  By submitting and providing any images, logos, trademarks, photographs, media, or any other form of intellectual property to DNDS, you agree and acknowledge that (a) the materials or content you provide to DNDS is original to you and that you are the sole author, (b) that you have the right, permission, license, or proper ownership rights to use or otherwise submit such images, logos, trademarks, photographs, media, or any other form of intellectual property and (c) that your use and/or submission of such items does not, in any manner, infringe upon the intellectual property right (or any other right of any kind) of any third party. DNDS is not responsible for the materials and information you provide and has no obligation whatsoever to screen, edit, or review the content and materials you provide for patent, trademark, copyright, or any other intellectual property infringement.    

BY SUBMITTING CONTENT, IMAGES, OR OTHER MATERIALS TO DNDS, YOU RELEASE DNDS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS, LAWSUITS, AND DAMAGES (ACTUAL AND CONSQUENTIAL) OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUR OT OR IN ANY WAY CONNECTED WITH YOUR ORDER OR WITH YOUR SUBMISSION OF ANY CONTENT, IMAGES, OR OTHER MATERIALS TO DNDS.  DNDS IS NOT RESPONSIBLE TO YOU, YOUR SUBSIDIARIES, YOUR OFFICERS, YOUR DIRECTORS, OR YOUR AGENTS AND EMPLOYEES FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH YOUR ORDER OR YOUR SUBMISSION OF ANY CONTENT, IMAGES, OR OTHER MATERIALS TO DNDS, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR REPUTATION, OR INTELLECTUAL PROPERTY INFRINGMENT.  

2. Projects and Samples: Depending on the nature of the goods or services requested, DNDS may require that you approve a sample and/or prototype of the item(s).  Once you have approved the samples or prototypes, no revisions of any kind are permitted, unless agreed authorized by DNDS in writing.  Any such revisions, if approved by DNDS, shall be completed at an hourly rate set by DNDS. DNDS is not responsible for costs incurred based on errors found after approval.  No items may be returned once completed for any reason. 

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3. Proposal: The client shall be solely responsible for reviewing and accepting all specifics related to the proposal provided by DNDS.  Once the proposal has been reviewed and approved by the client, the client shall be solely responsible for any increase or additional costs related to any changes, revisions, alterations, modifications, or any other deviations from DNDS’s original proposal.

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4. Ownership:  Unless otherwise specified by DNDS and agreed by you in writing, you will have ownership any final designs created by DNDS on your behalf. However, DNDS reserves the right to display images of your design on any DNDS promotional or advertising materials whether printed, online, or via any other promotional or advertising channel or medium.  In no event shall DNDS be liable to you or any third party for any damages, including lost profits, lost savings, or other incidental, consequential, or special damages related to or arising from the printing, manufacture, reproduction, or appearance of your project or item.  

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5. Estimated Costs and Payment:  DNDS shall provide you with an estimate of the costs associated with your project prior to commencing work.  You agree and understand that such cost estimate is merely an estimate and that the final cost of your project may increase depending on a variety of factors including, but not limited to, design hours, complexity of the project, cost of materials, and related issues.  Any variances in pricing shall be communicated to you for your approval prior to incurring expenses on your behalf.  A deposit of fifty percent (50%) of the cost of your project is required prior to commencing work and no work shall be performed until the deposit has been paid unless other arrangements have been made in writing.  The remaining balance of your project must be paid in full before your items(s) are shipped to delivered to you.  DNDS accepts PayPal, credit cards, or checks.  Items paid for by check will be held and shipped only upon confirmation by DNDS of proper check clearance and receipt of payment.  DNDS reserves the right to cease all work on any project and/or service in the event proper payment has not been remitted. Payment of the any outstanding balances and the entirety of the agreed upon price must be paid in full before DNDS will deliver the final product to you (no exceptions).  

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6. Cancellation:  Once DNDS has commenced work on your project cancellations are not permitted for any reason, unless DNDS has agreed to such cancellation in writing and at DNDS’s sole discretion.  In the event DNDS agrees to cancel your project at DNDS’s sole discretion, DNDS will be entitled to retain payment of the entirety of your deposit no exceptions.  

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7. Delivery: Completed projects shall be available for pick-up Monday through Friday during normal business hours or will be shipped to you via USPS, UPS, or FedEx per your instructions.  You are responsible for all shipping fees in addition to any additional fees including, but not limited to, fees for expedited services or special packaging or handling. Shipping delivery costs will vary depending on delivery location, delivery service type, and other factors.  Please note that DNDS is not responsible and/or liable in any manner related to the risk of loss and damage to your items or merchandise during the shipping process and delivery of your merchandise is considered complete and title to your merchandise passes upon acceptance of shipment by a common carrier or shipping company.

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7. PRIVACY

DNDS strives to maintain any personal information collected from you while visiting the Website as secure as possible.  When you make a purchase from our Website, you may be asked to provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize the shopping experience.  To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the DNDS Website. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.  When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the DNDS Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.  Please review DNDS’s complete Privacy Policy by clicking on the “Privacy Policy” link available on our Website.  

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8. DNDS COMMUNITY AND FORUM

The content of the Website and Community Forum (the “Forum”), where applicable, including text, graphics, images, information, Forum users’ comments and information, and any other content appearing on the Website or Forum are for informational and or entertainment purposes only. 

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9. NO OFFENSIVE CONDUCT OR INAPPROPRIATE IMAGES 

User of the Forum is public and the information you disseminate is public. DNDS expects all users of the Website or Forum to conduct themselves respectfully and to refrain from offensive or inappropriate behavior. DNDS reserves the right to block or permanently ban any user engaging in any type of offensive behavior, including the use of offensive language or offensive comments toward a fellow member. DNDS reserves the right to immediately remove or delete any post, comment, photo, upload, or any user submissions which DNDS deems offensive, including offensive images, pornography, sexually explicit material, hateful comments, or any other content which may give rise to any civil or criminal liability under applicable laws.

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10. USER SUBMISSIONS

By using the Website or Forum, you agree that you will not send, transmit, upload any content, images, or communications that infringe or violate any rights whatsoever of any third party. By uploading, commenting, or submitting information to the Website or Forum, you agree that such submission and content is non-confidential and appropriate for public consumption. Any submission involving user business information, ideas, concepts, inventions, or any other type of user submission is non-confidential for all purposes. If you wish to keep any business information, idea, invention, or concepts private or proprietary, do not submit them to the public on the Website or Forum. 

By uploading media such as photo or video, you (i) grant DNDS a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute such media, (ii) certify that any person pictured in the media (or if a minor his/her parent or guardian) authorizes DNDS to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute such media, and (iii) you agree to indemnify DNDS and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees arise from the submission of such media and/or your failure to comply with these Terms and Conditions. DNDS may remove and/or delete any user submissions at any time and without notice. The Forum is a public area and you are solely responsible for your own communications, uploads, and other submissions. As such, you are responsible for the consequences of your actions and your participation on the Forum. DNDS are not responsible in any manner for the consequences of any communications you submit in the Forum.

11. NO ADVERTISEMENTS OR SOLICITATIONS

You may not use the Forum to place unauthorized advertisements and/or solicitations of any kind. If you are interested in advertising with DNDS, please contact us.

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12. PRIVACY AND CHILDREN

DNDS does not intent to solicit or collect Personal Information from any person under the age of 18.  If you are under the age of 18, do not enter or otherwise provide any information whatsoever on this Website or engage in any services (or purchase products) on the Website.  If you believe your child under the age of 18 may have entered personal information, please contact DNDS at info@dionanicole.com to have the data removed and terminate the minor’s account. 

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13. INDEMNITY & RELEASE

BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DNDS, ITS DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIM, ACTIONS, OR DEMANDS, LIABILITIES, AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS AND CONDITIONS. IF YOU HAVE A DISPUTE WITH ANY OTHER FORUM USER(S), YOU RELEASE DNDS (AND OUR AFFILIATES, THIRD PARTY SITES, OFFICERS, DIRECTORS, EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES OF ANY KIND ARISING FROM OR CONNECTED WITH SUCH DISPUTE.

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14. GOVERNING LAW 

When you purchase merchandise on our Website or interact with our Website, you agree and acknowledge that the laws of the Commonwealth of Pennsylvania shall govern all issues and matters arising out of, or in relation to these Terms & Conditions (without giving effect to Pennsylvania’s conflict of law principles), including, but not limited to, their validity, interpretation, performance, enforcement, and construction. You also agree that any dispute, case, controversy, or issue related to these Terms & Conditions shall be brought solely in Philadelphia, Pennsylvania.  

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