TERMS OF USE

In consideration of Dibble LLC ("Diblle" "we," "us" or "our") providing you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf we grant you access, such company and organization) access to our Internet website, our mobile site (collectively, the "Site”) or our mobile applications (the “Diblle Apps”), and the information, documents, reports, data, features, functionalities and software that may be offered to you through or in connection with your use of and/or access to the Site and the other materials on the Site and the Diblle Apps (collectively, and as such may be revised from time to time by us, the "Content"), and, if applicable, you becoming and being a Partner, you hereby agree to the following terms and conditions (together with the Partner Program Terms and Conditions, if agreed by you, collectively, these "Terms of Use").

Diblle may modify these Terms of Use from time to time upon written notice or posting to the Site. It is your responsibility to review these Terms of Use periodically. You agree that if you use the Site, the Diblle Apps, and/or the Content after such notice or posting of changes in the Terms of Use, you will be bound by all such changes and these Terms of Use.

GENERAL

 

The Site is owned and operated by Diblle LLC, a Delaware limited liability company. Our merchant network available on the Site and the Diblle Apps is solely a facilitator of communications between the merchant members and users. Unless expressly stated otherwise on the Site or the Diblle Apps, the goods and services featured on the Site and the Diblle Apps are offered, provided, sold and delivered by the merchant members, not us. We are in no way responsible for the quality of goods or services offered by the merchant members. All questions regarding merchant members’ products and/or services featured on the Site and the Diblle Apps should be directed to the appropriate merchant members.

In addition to these Terms of Use, other terms and conditions may apply to certain services and/or features made available on the Site and/or the Diblle Apps from time to time. By way of example but not limitation, such other terms and conditions may describe official rules for contests, which would be in addition to and subject to these Terms of Use. Notwithstanding anything to the contrary, contracting with us as a “Partner” or other defined term on the Site, the Diblle Apps, these Terms of Use do not entitle you to any benefits or rights, unless expressly agreed by us in writing in disclosed terms or a new agreement signed by our authorized officer.

 

 

PRICES; AVAILABILITIES; TAXES

 

The information contained on the Site and the Diblle Apps regarding prices, specifications and availability of the products and/or services listed on the Site and the Diblle Apps has been provided by merchant members. Prices charged by merchant members on the Site and the Diblle Apps are generally not the same as the prices charged in brick-and-mortar stores at the time an order for products is placed. are clearly marked or removed from the inventory on the Site and the Diblle Apps. Prices, specifications and availability of products and/or services are consistently subject to change.

To calculate the total price of an order you placed on the Site or the Diblle Apps, merchant members use the information collected at the time you placed such order on the Site and/or the Diblle Apps, as applicable, in each case, as evidenced by our systems. If the information you entered is incorrect or additional information is submitted, merchant members may update your order, including the total price, accordingly. For example, in case of an order you placed on the Site or the Diblle Apps for laundry services, if you entered the wrong information regarding the number (e.g., “1” box of Wisk^® detergent instead of “2” boxes of Wisk^® detergent) or type (e.g., “Windex^® Original Glass Cleaner” instead of “Windex^® Ammonia-Free Glass Cleaner”) of items, your order may be updated by the merchant member. Additional fees and charges may apply as a consequence of such update. Further, certain products and/or services may no longer be available after merchant members review and/or update your order. We will let you know of any price update as your order is being processed!

Diblle does not confirm the accuracy of the information contained on the Site and the Diblle Apps.  Intentional and unintentional mistakes can be made.  If you become aware that the Site or any of the Diblle Apps contains inaccurate information, please let us know by contacting us.  Diblle undertakes commercially reasonable efforts to ensure that all users of the Site and Diblle Apps input accurate information.

Any and all sales, use and other taxes which may be levied as a result of your access to and/or use of the Site and/or the Diblle Apps are and shall remain your sole responsibility, excluding only taxes based on our net income.

GRATUITIES

 

Gratuity (also referred to as a tip) is always optional. As a courtesy, the Site and/or the Diblle Apps may display an option to add a tip to the sub-total of an eligible order at checkout. However, certain orders may not be eligible for such option.  You can always give delivery personnel a cash tip at the time your order is delivered.

 

 

PLACING ORDERS FOR ALCOHOLIC BEVERAGES AND/OR TOBACCO PRODUCTS USING THE SITE OR THE DIBLLE APPS

 

By using the Site or any of the Diblle Apps to place orders for alcoholic beverages and/or tobacco products, you acknowledge and agree:

• that the U.S. Federal and State laws require that purchasers of alcoholic beverages be at least twenty-one (21) years of age and alcoholic beverages may not be sold, delivered or given away to persons who are, apparently or actually, under the age of twenty-one (21) years or visibly intoxicated;

 

• that you are at least twenty-one (21) years of age or older;

 

• to provide valid photo identification at the time of accepting delivery of any alcoholic beverages and/or tobacco products; (Valid forms of identification are a valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles, the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada, a valid U.S. passport, a valid passport of any other country, or a valid military ID from the U.S.;

 

• that sale and delivery of alcohol beverages and/or tobacco products to you is made by the participating merchant members and NOT Diblle;

 

• that Diblle is a separate business and is not affiliated with any of the merchant members selling alcoholic beverages or tobacco;

 

• that neither Diblle nor any of our affiliates or our or their partners, officers, directors, employees, shareholders or agents (collectively "Diblle Parties") shall have any liability to you or any third party in connection with purchase, sale, delivery and/or consumption of the alcoholic beverages and/or tobacco products or any consequences thereof; and

 

• that, without limiting anything set forth in these Terms of Use and in addition thereto, you shall indemnify and hold harmless Diblle Parties for, from and against any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees), damages, obligations, deficiencies and liabilities, which arise, result from or are related to: (i) processing of order(s) for alcoholic beverage(s) and/or tobacco product(s); (ii) purchase of the alcoholic beverage(s) and/or tobacco product(s); (iii) delivery of the alcoholic beverage(s) and/or tobacco product(s); (iv) consumption of alcoholic beverage(s) and/or tobacco product(s), and/or (v) any and all consequences of any of the foregoing.

PROPERTY RIGHTS; COMPLIANCE WITH LAW

 

The Site, the Diblle Apps, and the Content are our property and are protected by applicable copyright, trademark and other intellectual property laws. Except as expressly authorized herein, you may not, directly or indirectly, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit, in each case, whether in whole or in part, the Site, the Diblle Apps, or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our express written consent. Use of the Site, the Diblle Apps, or the Content in violation of these Terms of Use, or any applicable law, rule or regulation, or any rights of any third party is prohibited. You agree not to use the Site, the Diblle Apps, or the Content for any unlawful purposes and to comply with any and all requests from us to protect our respective rights in the Site, the Diblle Apps, and the Content. You agree that you will not, directly or indirectly, access, scrape, copy or otherwise use any portion of the Site, the Diblle Apps, or the Content to, in each case, whether alone or with others, engage in any activity or provide any product or service that, in our good faith judgment, disparages or discredits Diblle or any of Diblle’s products or services. Further, you may not, and agree not to, sell, license or otherwise provide access to and/or use of any of the Site, the Diblle Apps, or the Content to any third party for any purpose whatsoever, including to build or offer a product or service that, in our good faith judgment, is competitive with Diblle’s products or services. You may use the Site, the Diblle Apps, and the Content only for your personal use. You may download the Content to your computer and print out a hard copy for your reference and internal use and display, but you will not remove any copyright, trademark or other notices or disclaimers contained in the Content.

We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Site, the Diblle Apps, and the Content except for those devices expressly authorized by us in writing. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of access to the Site and the Diblle Apps.

NON-DIBLLE CONTENT, PRODUCTS AND SERVICES;

USER SUBMITTED CONTENT

 

We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site, the Diblle Apps, or elsewhere by anyone other than authorized Diblle representatives acting in their official capacities. We do not review and assume no responsibility for any information or content received from, or created by you or any third party. We reserve the right (but have and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by you or any third party to or by otherwise using the Site and the Diblle Apps.

By submitting any information or content to or by otherwise accessing and/or using the Site and the Diblle Apps, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sublicensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content.

Furthermore, we do not review and assume no responsibility for any products or services mentioned on the Site and the Diblle Apps. You agree to make your own independent evaluation of the products and services mentioned on the Site and the Diblle Apps.

HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES

 

In the event you use the Site or the Diblle Apps to gain access to any internet site or any location or a source of information, including social media websites, of any company, organization or person other than Diblle, you acknowledge that such other sites, locations and sources are not under our control and agree that we will not be responsible for any information, content or links found at any such sites, locations or sources, for your use of such information, content or links found at any such sites, locations or sources, or for any such sites, locations or sources use of any information or content you submit, directly or indirectly. We provide such links only as a convenience to you, and have not tested any software or verified any content found at such sites, locations or sources. You further acknowledge that we make no warranties as to the availability of or otherwise related to any such links or any such sites, locations or sources. Your access to or use of such links or any such sites, locations or sources may be subject to their respective terms of use and it is your responsibility to read and comply with those terms of use. The fact that we have provided a link to any non-Diblle site, location or source does not signify our sponsorship or endorsement of such site, location or source or any of the contents of such site, location or source. There are inherent risks in the use of any such links or any software and/or content found on the Internet, and you acknowledge that you understand these risks.

DMCA NOTICE; COPYRIGHT AGENT

 

We respond to notices of alleged copyright infringement in accordance with the process set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). If you are a copyright owner or an agent thereof and believe that any materials accessible on or from the Site or Diblle Apps infringe your copyright, you may submit written notification pursuant to the DMCA by providing our Copyright Agent (designated below) with all of the following information in writing (collectively, “DMCA Notice”):

A. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

• identification of the copyrighted claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

• identification of the material that is claimed to be infringing or to be the subject of an infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

 

• information reasonably sufficient to permit the service provider to can contact the complaining party, such as an address, telephone number, an, if available, an electronic mail address at which the complaining party may be contacted;

 

• a statement that the complaining party has a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law

 

• a statement that the information in the notification is accurate, current and true; and

 

• a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.

You may direct any DMCA Notice(s) to:

Diblle, LLC
1326 Somerset Ln, Schaumburg IL 60193
Phone: 630-217-7392
Email: support@diblle.com

You acknowledge that 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 Site or Diblle Apps is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. We reserve the right, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.

If you believe that your copyrighted materials removed on or from the Site (or to which access was disabled) are not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to our Copyright Agent:

A. your physical or electronic signature;

 

• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

 

• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

 

• your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court located in New York, New York, and a statement that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.

NO OBLIGATION TO KEEP INFORMATION CURRENT

 

We are not under any obligation to update the Content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any Content including to take into account material changes or new information.

 

DISCLAIMERS; CONTENT TO BE CONSULTED IN ITS ENTIRETY

 

You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site and Diblle Apps. All such materials are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices.  Disclaimers, restrictions, disclosures or other clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

USER CODES

 

In connection with your use of or access to the Site and the Diblle Apps, we may provide you with usernames, passwords and/or other unique identifiers (“User Codes”). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party. You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while User Codes and/or a mobile phone that has a phone number provided by you and recognized by our systems to be associated with the User Codes are/is being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site or the Diblle. You are limited to one User Code. Duplicate User Codes may be revoked. We reserve the right to revoke or modify the User Codes at any time with or without prior notice.

CONSENT TO RECORDING AND MONITORING

 

You consent to our recording, retention and use of all content, information and data, including images, that you input or otherwise communicate during your access to and/or use of the Site and the Diblle Apps or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right (but have and shall have no obligation) to monitor any and all access to and/or use of the Site and the Diblle Apps.

CONSENT TO RECORDING OF TELEPHONE CALLS

 

You acknowledge that from time to time, we may record certain telephone calls used for the customer service and/or related purposes, and to the extent that any such recording occurs involving you, you consent to such recording.

USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES

 

You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, the Diblle Apps, a proprietary network, wireless device or otherwise (collectively, “Electronic Messages”) may not be secure and communications using Electronic Messages may not be confidential.

In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.

DISCLAIMER OF WARRANTIES

 

THE SITE, THE DIBLLE APPS, AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DIBLLE PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY RELATED TO MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE AND THE DIBLLE APPS, AND THE DIBLLE PARTIES MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE, OR THE DIBLLE APPS WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE, OR THE DIBLLE APPS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTABLE OR CORRECTED, OR OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR IN FACT), ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  THE DIBLLE PARTIES HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE SITE OR THE DIBLLE APPS, OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. YOU (AND NOT THE DIBLLE PARTIES) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER, MOBILE PHONE, TABLET AND/OR OTHER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING OR USING THE SITE, OR THE DIBLLE APPS. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE AND THE DIBLLE APPS OR ANY OTHER SITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE, AND THE DIBLLE APPS ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

LIMITATION OF LIABILITY

 

BY USING THE SITE AND THE DIBLLE APPS, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THE DIBLLE PARTIES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE DIBLLE APPS OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE SITE, THE DIBLLE APPS, OR ANY OTHER LINKED SITE, LOCATION OR SOURCE. NONE OF THE DIBLLE PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.

YOUR REPRESENTATIONS AND WARRANTIES

 

You hereby represent and warrant that:

• (i) you are the person to whom the User Codes you used to access the Site or the Diblle Apps were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete, or (ii) you are accessing the Site or the Diblle Apps on behalf of the company or organization to whom the User Codes you used to access the Site if the Diblle Apps were issued by us;

 

• if you are accessing the Site or the Diblle Apps on behalf of the company or organization to whom the User Codes you used to access the Site or the Diblle Apps were issued by us, you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms of Use on behalf of yourself and your principals and the company or organization on whose behalf we grant you access to the Site or the Diblle Apps;

 

• you will not reverse engineer, de-compile or reverse compile any of our technology;

 

• unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion the Site, the Diblle Apps and/or the Content;

 

• you will access and the Site and the Diblle Apps in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the United States or other countries) and the terms and conditions of these Terms of Use;

 

• if we grant you access to the Site and the Diblle Apps in your individual capacity, you are of the age of majority; and

 

• you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you or using User Codes to or otherwise using the Site and the Diblle Apps, and all such information and content (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) are not meant to harm any Diblle Parties or any third party; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of any of the Diblle Parties or any third party; and (6) do not violate these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries).

INDEMNIFICATION

 

You shall indemnify and hold harmless Diblle, its affiliates and its and their partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in these Terms of Use, (ii) your access to and/or use of the Site and/or the Diblle Apps, and/or (iii) any and all information or content submitted by you or using User Codes to and/or otherwise using the Site or the Diblle Apps including for claims that any of it violates, infringes or misappropriates any proprietary rights, or right of publicity, privacy or any other right of any third party.

LOCATION; GOVERNING LAW

 

The Site and the Diblle Apps are published in the United States. You agree that any access to or use of the Site and/or the Diblle Apps will be deemed to be entirely in Chicago, Illinois, under and subject to applicable Illinois  State and United States Federal law, rules and regulations, to the same extent as if you were to physically come to our offices in Chicago, Illinois and, without assistance or solicitation, copy material contained in our library. These Terms of Use and all the terms herein will be governed by and construed in accordance with the laws of the State of Illinois without giving effect to principles of conflicts of law. Any such controversy will be submitted exclusively to Federal or state courts Cook County, Illinois. You consent to personal jurisdiction in any applicable court for purposes of any such litigation. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR ACTION IS HEREBY WAIVED BY ALL PARTIES TO THESE TERMS OF USE.

MODIFICATION; TERMINATION

 

We may at any time and for any reason with or without prior notice to you, and without liability, in each case, modify, suspend, terminate or discontinue, in whole or in part, any portion of the Site or the Diblle Apps (including the Content or hours of availability) and/or your access to or use of the Site, the Diblle Apps and/or the Content. If you fail to comply with any provision of these Terms of Use, or if, in its sole discretion, Diblle modifies, suspends, terminates or discontinues your access to or use of the Site, the Diblle Apps, and/or the Content, any and all rights granted to you herein will immediately automatically terminate. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, will survive the termination of your access to, and use of, the Site, the Diblle Apps, and/or the Content, and your relationship with us.

FORCE MAJEURE

 

None of the Diblle Parties are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond their control, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of the obligations of the Diblle Parties with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.

MISCELLANEOUS

 

These Terms of Use represents the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access the Site and the Diblle Apps and to use the Content and, if applicable, you becoming and being a Partner, and supersedes all agreements which you may sign with us, and all representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against us unless the same is in writing and signed by one of our executive officers. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Our failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to us in these Terms of Use and other terms and conditions that are subject to these Terms of Use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns. Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. The terms "including" and "includes" as used in these Terms of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or "includes, but not limited to." Neither you nor we may assign or delegate rights, duties or obligations under these Terms of Use without the prior written consent of the other party. We may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control or corporate reorganization. These Terms of Use are in addition to, and do not nullify, any other agreement between you and us governing the conduct of your relationship with us or any other applicable terms and conditions found on the Site and/or the Diblle Apps.

ELECTRONIC DOCUMENTS

 

We may, in our sole discretion, seek your consent to the terms and conditions of these Terms of Use and certain other agreements on the Site or the Diblle Apps by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms of Use, affirmatively "click" on boxes containing the words "I Accept," "I Agree" or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms of Use or accessing the Site or the Diblle Apps or using any of the Content after you have had an opportunity to review these Terms of Use, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to the Site and/or the Diblle Apps intend to form a legally binding contract between you and Diblle; (ii) that you have read and agree to the terms and conditions of these Terms of Use; (iii) that you agree and intend that these Terms of Use to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms of Use, you acknowledge that you have received a copy of these Terms of Use by your viewing a web page containing a hyperlink to the web page where these Terms of Use are displayed or otherwise; and (v) that if you are executing these Terms of Use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.

Prohibited items guidelines

Before offering your items for sell, please read the guidelines below to ensure that they are OK to sell on Diblle. The following items are not allowed for sale.  Please review each category carefully to ensure you follow these guidelines.  If you have any questions, please contact us at Diblle LLC, 1326 Somerset Ln, Schaumburg, IL 60193.

Alcohol, drugs & tobacco

Adult & mature content

Animals

Wildlife products

Counterfeit and replica items

Dangerous items

Food items

Gift cards

Illegal items or encouraging illegal activity

Intangible items

Medical & healthcare items

Offensive materials

Alcohol, drugs & tobacco

Alcohol, drugs, tobacco, and related products are often subject to regulatory restrictions and are illegal for sale in some cases. Because we can't enforce these laws and regulations, we don't allow these items for sale, including:

• Alcohol
• Prescription drugs
• Drugs, narcotics, or controlled substances (even those that are legal in some states)
• Items marketed for the purpose of intoxication
• Drug paraphernalia such as bongs, vaporizers, and pipes
• Tobacco and related products, including e-cigarettes, e-juice, vaporizers, mods, hookahs, and hookah accessories

 Adult & mature content

Diblle strives to be an open marketplace but understands that not all people want to see explicit sexual content. Items intended for adult use or that contain explicit sexual content are not allowed on Diblle, such as:

• Explicit sexual content or nudity
• Pornography
• Adult toys

 

Animals

Our policy around animals and wildlife products represents Diblle’s commitment to improving animal welfare in our own communities and in helping to protect threatened and endangered animals around the world.   

You can certainly post many types of animal products. However, live animals are never allowed, including:

• Pets
• Farm animals and livestock
• Insects
• Marine life
• Pet food or other animal food

For more information, visit our detailed list of Animals.

 Wildlife & wildlife products

You can certainly post many types of animal products. However, wildlife products that were sourced illegally or are being traded in contravention of any law are prohibited.

Counterfeit or replica items

The sale of bootlegs, counterfeits, fakes, and unauthorized or pirated copies of items is illegal and not allowed on Diblle, including:

• Counterfeits, fakes, and replicas of brand-name items, including items “inspired” by a brand without permission of the owner
• Bootlegged or unauthorized recordings
• Pirated copies of any copyrighted materials
• Use of a trademark or other implied affiliation with a brand

Dangerous items

Items that pose health and safety concerns or that are regulated or illegal are not allowed on Diblle. These include but are not limited to:

• Firearms, no exceptions
• Knives primarily used as weapons or for self-defense. Note: Cutlery, kitchen, and utility knives are generally permitted
• Mace, pepper spray, bear spray, tasers, and other weapons used to subdue humans or animals
• Paintball guns, BB guns, guns that fire blanks, Airsoft Guns, and all related ammunition and accessories
• Sporting weapons such as bows and arrows, crossbows, and archery items
• Swords, if sharpened or functional. Note: Decorative blunt swords are generally permitted
• Weapon parts and accessories, including any item that attaches to a firearm, ammunition, bullets, clips, arrows, and bolts
• Body armor, including Kevlar and other tactical and protective vests, except protective clothing for sporting activities
• Regulated chemicals, poisons, or substances
• New or used airbags sold separately from a vehicle
• Hazardous materials such as:
  • Fireworks
  • Explosives
• Recalled items
• Items subject to recall
• Items deemed to pose significant health or safety risks to others

Food items

The sale of homemade prepared food is subject to regulatory guidelines and often requires a permit. Because we can't enforce these restrictions, prepared food is not allowed. Examples:

• Most perishable goods, including meat, seafood, dairy, and cut fruits or vegetables
• Homemade shelf products, such as jams, jellies, and pickles
• Homemade meals or baked goods
• Eggs sold outside of the seller's farm

Exceptions to this policy include:

• Whole, uncut fruits and vegetables
• Eggs sold directly on the seller's farm
• Unopened and packaged commercially sold food goods (canned soup, packages of cookies, etc.) as long as the packaging has not been tampered with and the items are sold before their expiration date

Gift cards

Gift cards and reloadable cards are not allowed due to the risk for buyers. The balance can't always be verified, and sometimes the card balance can be used or cancelled by the original purchaser.

 Illegal items or encouraging illegal activity

Any item that is illegal or that encourages illegal activity is not allowed, including but not limited to:

• Items with sensitive information such as IDs, passports, and social security cards
• Fake or forged documents (such as licenses, IDs, diplomas, and government-issued documents)
• Items received through Government Assistance
• Offers to trade for illegal goods
• Police badges or security uniforms, as these can be used to impersonate an officer or gain access to secure areas
• Locked phones or devices, for example blacklisted, activation, iCloud or similar locks
• Current vehicle license plates or plates that were valid in the last 5 years
• License plate tags
• TV streaming devices
• Cars without titles
• Canisters or cylinders of pressurized gas (such as CO2 or nitrous oxide)
• Stolen or found goods
• Rideshare signs

Intangible Items

Diblle is intended for the sale of individual, tangible items. Items must exist and be available for immediate sale. Examples of things that are not allowed include:

• Services for intangible items such as dog walking, babysitting, and IT support
• Advertisements
  • Links to or information about flea markets, yard sales, and garage sales
  • URLs, links, or redirecting to other websites
  • Rentals and timeshares
  • Multi-level marketing schemes and related promotional materials
  • Job postings
  • Lost pet ads
• Wanted ads
• Solicitations
• Digital account transfers
• Items planned for future purchase from another retailer, wholesaler, distributor, or manufacturer
• Items of unknown contents such as “mystery boxes” or “grab bags”
• Items where the photo does not match the title or description
• Intellectual property

Medical & healthcare items

Due to health and safety, privacy, and regulatory concerns, certain medical and healthcare items are not allowed for sale on Diblle, including but not limited to:

• Devices, drugs, and medications that require a prescription from a licensed medical practitioner (such as a dentist, doctor, optometrist, or veterinarian)
• Pills, vitamins, and supplements
• Contact lenses
• Used cosmetics
• Used makeup sponges and applicators
• Needles and items containing needles (such as syringes or tattoo equipment)

 

Offensive materials

Diblle is an inclusive community that welcomes users from all backgrounds. To build a respectful mobile marketplace, posts that contain foul language or that promote hatred, violence, or discrimination are not allowed. This includes posts that support hate or discrimination toward others based on age, race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation, or items that promote or glorify organizations with such views. Examples:

• Posts containing racial slurs
• Posts promoting intolerance or discrimination
• Items that promote, support, or commemorate groups with views of hatred or intolerance (for example Nazi, Neo-Nazi, or KKK groups)
• Items that depict or glorify violence against people or animals