The Terms are effective of and were last updated on April 13, 2018. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Company’s sole and absolute discretion, and such new Terms will immediately take effect upon Company posting such new Terms on the. You are encouraged to frequently visit the Site, specifically at www.dulcecandy.com/terms, to review the current Terms. Notwithstanding the foregoing, Company will attempt to notify you in advance of any changes to the Terms. Your continued use of the Site following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding the Terms can be directed to Company at: firstname.lastname@example.org,
By using the Site, you affirm you are over the age of 13 years old. While some Content (as defined below) on the Site may appeal to children, no part of the Site is directed to or targets children younger than 13 years of age, and children younger than 13 years old are not permitted to use the Site. Company strongly urges all parents and legal guardians to monitor the Internet use of their children. Parents should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If Company learns that Company has collected Personal Information (as defined below) of a child younger 13 years old, Company will take steps to delete such information from Company’s files as soon as commercially reasonably possible.
II. Intellectual Property
As between you and Company, all right, title, and interest in and to the Site and its contents, including, without limitation, all articles, content, blogs, graphics, images, materials, music, text, and videos, along with the selection, coordination, arrangement, and organization of the Site (individually and collectively, “Content”) is owned entirely by Company, or Company’s affiliates licensors, and partners (individually and collectively, “Affiliates”), and protected under domestic and international copyright and other similar intellectual property laws.
Subject to your full compliance with the Terms, Company grants you permission to access and use the Site for its intended entertainment and/or informational purposes and other related functions related to Company’s business. You shall not copy, capture, reproduce, remove, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, distribute, or exploit, in whole or in part, any Content unless otherwise explicitly permitted by these Terms, under Company’s direction or instruction, or as required by law. Without limiting the foregoing, you may not reproduce any Content or create copies of Content via any means, including, without limitation, by reproducing on any physical or digital media (such as CDs or digital audio or video files) or uploading the Content to any peer-to-peer or torrent website or service. Any unauthorized activities that infringe upon the intellectual property rights of Company or its Affiliates are expressly prohibited and all rights in and to the Content are expressly reserved. Nothing contained in the Terms should be construed as granting, by implication or otherwise, any license or right to use any Content without the express written permission of Company or its Affiliates beyond the rights to access, use, and/or view the Site as expressly contemplated herein. For the avoidance of doubt, any
unauthorized use of the Content, except as explicitly authorized by these Terms, is strictly prohibited and may subject you to civil liability under copyright, trademark, publicity, or privacy, laws and other civil and criminal statutes, rules, or regulations.
Company’s name, logo(s), and overall brand, including, without limitation, the trademarks and service marks for Dulce Candy® are protected under various domestic and international trademark laws. Additionally, you may not use other trademarks, logos, and service mark(s) of Company’s Affiliates that may be found on the Site without such Affiliates prior written permission.
Company may add, change, discontinue, remove, or suspend the Site at any time, without notice to you and without any liability. Company reserves the right, in Company’s sole discretion, to change how it operates the Site at any time for any reason whatsoever and to block, moderate, or remove Content at any time in Company’s sole discretion. Typically, Company will remove Content that is illegal, obscene, threatening, insulting, defamatory, or invasive of privacy.
Company welcomes your interaction on the Site, and you may be able to submit materials to Company regarding the same. By submitting any user generated content, comment, feedback, materials, or submissions (together, a “Submission”) through the Site or otherwise, such as contributing an idea or text content about a future article or video to the Site or emailing Company about the Site, Company will be free to use the Submission for any purpose, without any obligation or liability to you whatsoever, including, without limitation, the right to adapt, create derivative works, display, distribute, or publish the Submission in all media in any form, including, without limitation, displaying the Submission on the Site, in perpetuity, without owing any compensation to you. If you wish to keep a Submission private or proprietary, please do not transmit any Submission to Company or share any Submission with others.
V. Personal Information and Privacy
reporting-tracking technologies, which are, generally, small electronic files that are placed on your computer or other device (collectively “Cookies”). When you visit the Site we may set Cookies on your computer or device. Personal Information cannot be collected with Cookies, but if you previously provided us with Personal Information, Cookies may be tied to such information. Refusing or deleting Cookies from your computer or device may limit your ability to certain features of the Site. Company may also acquire Non-Personal Information about Company’s users from external sources. Company may use your Collected Information to personalize and improve the Site and your experiences using the Site, respond to inquiries and requests from you, for Company’s general business purposes, and for administrative purposes. Cookies are useful for gathering information such as Site usage, trends and patterns, so that we may better understand the general use of the Site so we can best manage, customize, and optimize the Site for users. Likewise, in order to provide you with the Site and/or Company’s services, including, without limitation, Company’s mailing list, Company may share your Collected Information with certain authorized third parties who are contracted with and/or authorized to act on behalf of the Company in connection with the Site, Company’s services, and/or Company’s general business operations, and you consent to such disclosure with such authorized third parties. Regarding your Personal Information, Company’s agreements with any such third parties will restrict the use of Personal Information for the purpose of performing services on Company’s behalf and keep all information confidential. Company will not share or disclose your Collected Information to anyone except as described herein. Additionally, if you use the Site outside of the United States, please be aware that any information Company or its Affiliates collect may be transferred to, stored, and/or processed in United States. VI. Newsletters/Mailing List You will be given the option of providing Company with Personal Information in order to receive recurring informational or promotional newsletters via email from Company and Company’s Affiliates (“Newsletters”). When you sign up for Newsletters, or at any time you use the Site thereafter, you can choose to opt out of receiving additional Newsletters. You can unsubscribe from a Newsletter by following the directions included in the Newsletter. Company will take commercially reasonable steps to implement your opt-out and unsubscribe requests promptly, but you may still receive communications from Company for a brief amount of time as Company processes your request.
VII. Commitment to Data Security
Company is committed to protecting your privacy in accordance with applicable laws and regulations. Notwithstanding the foregoing, no electronic transmission of information to Company can be guaranteed to be 100% safe and Company cannot and does not ensure or warrant the security of any information you transmit to Company. Nonetheless, Company believes the measures Company has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. You acknowledge all information and materials you transmit to Company is done at your own peril.
VIII. Representations and Warranties
You accept and agree to abide by all of the Terms contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 18 years of age.
You agree that your use of the Site, including, without limitation, uploading or posting any Submission to the Site, will not violate any law or regulation, including, without limitation, copyright, trademark, patent, trade secret, publicity, and privacy laws, or interfere with any third party’s use and enjoyment of Site. You warrant and represent that you have all necessary licenses, rights, consents, and permissions to Submissions. It is strictly prohibited to post or transmit any unlawful, threatening, defamatory, obscene, or infringing material or
impersonate any persons while using the Site, whether directly or indirectly.
You represent, warrant, and agree that you will not, via the Site or otherwise: cause damage to the Site or impair the availability or accessibility of the Site in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Site to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s, or its users’ computer software, hardware or telecommunications equipment; upload, post, host, transmit Submissions, unsolicited emails, “spam” messages, worms, or viruses or any code of a destructive nature; contact any other visitor or user of the Site for any illicit purpose or who has requested not to be contacted; access the Site through unpermitted automated means; or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Site or any goods or services provided by Company or its Affiliates.
You acknowledge and agree that some Content is subject to restrictions imposed by Affiliates and these Content providers may require additional terms and conditions for the use, access, or viewing, of such Content, such as YouTube and Instagram content embedded on the Site. You agree that your use of the Site shall be subject to all of these additional terms and conditions. You agree to not remove any copyright, trademark, or other legal notices that accompany any Content accessible via the Site. In certain cases, available Content may become unavailable due to restrictions from such third parties. Company will have no liability to you for any such unavailability.
Company may, from time to time, use various technologies to verify your compliance with the Terms and you consent to Company using any monitoring or other technology associated with monitoring your access to the Site.
You acknowledge that you may not use the Site in any other way not expressly stated herein or approved by Company in writing. Company explicitly reserves all rights not specifically contemplated herein that relate to the Site.
This Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk and you should use your best judgment and exercise caution while using the Site. Company does not monitor all Content found on the Site for offensive, indecent, objectionable, obscene, or unlawful Content and is not liable to you for any offensive, indecent, objectionable, obscene, or unlawful Content. You acknowledge that through Company providing you with access to the Site, Company is not undertaking any obligation or liability relating to the Content. Company makes no guarantee that your use of the Site, and all other features or functionalities associated with the Site, or delivery or display of the Site, will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions, and that Company is not liable to you for any such defect.
You understand that the Site may contain inaccuracies, omissions, and delayed information and that Company is not liable to you for any such defect. Company strives to provide accurate descriptions of all materials available on the Site; however, Company does not warrant the description of all materials are complete, error-free, or accurate. Company shall have no liability to you for any inaccurate information provided on the Site. Notwithstanding the foregoing, every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any inaccuracies or discrepancies, please contact Company at: dulcecandy@ addition-llc.com.
For the avoidance of doubt, Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement and Company explicitly does not warrant that the Site or its Content will meet your
X. Limitation of Liability
Company, and its Affiliates shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which are in any way related to the Site, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company or its Affiliates have been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. Without limiting the foregoing, this limitation of liability explicitly excludes any damages you may incur from watching any video found on the Site.
Without limitation, you waive any claims or damages that you may or actually have against Company and its Affiliates and all of their foregoing’s respective parents, affiliated entities, agents, officers, directors, owners and employees in connection with the Site, including, without limitation, any personal injury, death, property damage, access to the Site, any claims in connection with use of the Site (such as defects, errors, omissions, or mistakes), and any other breach of the Terms by you, of any nature whatsoever, regardless of legal theory, including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR IF YOU FEEL COMPANY HAS BREACHED THESE TERMS IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN COMPANY AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE THOUSAND DOLLARS ($1,000.00).
If you are a resident of the State of California, you hereby acknowledge and agree that you fully understand, and waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify Company, and its Affiliates, members, managers, directors, officers, employees, agents, attorneys, contractors and licensors (collectively, the “Indemnities”) against all claims, actions, suits, and other proceedings arising out of or incurred in connection with these Terms, including, without limitation: (i) your use of the Site in any direct or indirect capacity; or (ii) pursuant to your breach or alleged breach of the Terms hereunder (“Claims”). You shall indemnify and hold the Indemnities harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or incurred in connection with such Claims. This indemnification obligation shall survive these Terms and your use of the Site. Company reserves the right to take over the exclusive defense of Claims for which Company is entitled to indemnification, and in such an event, you shall provide prompt and reasonable cooperation to Company.
In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Contest”) made available by Company through the Site may have specific rules that are different from these Terms. By participating in a Contest, you agree to and will become subject to any specific Contest terms and conditions. Company urges you to review the rules before you participate in a Contest. In the event of any conflict between any the terms and conditions of a Contest and these Terms, the rules pertaining to such Contest will take priority over these Terms.
XIII. Entire Agreement
These Terms represent the entire understanding between Company and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Site and all other subject matter contained herein. The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives. The Terms cannot be modified or amended, except as expressly provided for herein. The Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may freely assign the Terms. If any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed. The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party. Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms. All provisions of these Terms, which by their nature should survive termination or expiration, shall survive termination or expiration. You are responsible for all costs associated with accessing or using the Site and you are responsible for any system software and/or hardware compatibility requirements for use of the Site.
XIV. Choice of Law
By accessing, viewing, or using the Site you consent and agree that: (i) the Terms will be exclusively governed by the laws of California applicable to contracts entered into and performed within California and notwithstanding any conflict of law principles; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. Any dispute related to the Terms shall be exclusively resolved in the courts located in California. Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the alleged claim or cause of action arises. All rights and remedies are cumulative and shall in no way affect any remedy available to either party under equity or law. You agree that any violation of the breach of the Terms by you will result in irreparable harm to Company, that monetary damages may be inadequate, and you hereby agree Company shall be entitled to seek injunctive relief.
All legal notices pursuant to the Terms shall be in writing and shall be given by email to Company at: email@example.com. By using the Site, you agree that any notice due under the Terms that Company sends you electronically will satisfy any legal communication or notification requirement.
XVI. Intellectual Property Policy
Company respects the intellectual property rights of others and desires to offer a Site that contains no material that violates the intellectual property rights of others. Company has instituted procedures for receiving written notification of claimed intellectual property infringements. If you believe in good faith that your intellectual property rights have been infringed through use on the Site, you may notify our intellectual property agent by email at: firstname.lastname@example.org with “Notice of Infringement” in the subject line, or otherwise provide a written communication to us at Addition Management c/o Dulce Candy, Inc 1601 Vine Street, 7th Floor, 90028, which contains: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest; (ii) A description of the copyrighted work (or other intellectual property interest) that you claim has been infringed;
(iii) A description specifying the location on the Site of the material that you claim is infringing; (iv) Your email address and your mailing address and/or telephone number; (v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and (vi) A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf. For clarity, only intellectual property notices should go to Company’s intellectual property agent and any other general communications should be directed to Company at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid under applicable intellectual property laws.