Candymag.com Terms of Service
1. Acceptance of Terms of Service
Candymag.com is provided free of charge to you (unless otherwise indicated) by Summit Interactive, Inc. and its subsidiaries and affiliates that utilize these Terms of Service ("Candymag.com"). "Candymag.com" is defined as all websites, web pages and channels owned controlled and/or operated by Summit Interactive, Inc. under the Candymag.com brand where these Terms of Service are posted, including but not limited to all content, tools, quizzes, digital products, events, courses and/or products appearing throughout Summit Media magazine web sites. Although portions of Candymag.com may be viewed simply by visiting the website, in order to access the message boards and/or receive additional services from Candymag.com, you need to sign on as a guest or register as a member of Candymag.com. If you sign on to Candymag.com as a guest, these Terms of Service will govern your use of Candymag.com, including access to message boards and other features. If you register as a member of Candymag.com, these Terms of Service will govern your use of Candymag.com, including access to message boards, chat rooms, the e-mail account and personal website that may be provided to you in connection with Candymag.com and other features. BY SIGNING ON TO Candymag.com AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product digital product, event or course govern your use of Candymag.com and all services, products, digital products events and courses provided in connection with Candymag.com, including but not limited to any course, service, product, digital product, events or personal website provided to you by Candymag.com. Candymag.com shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter Candymag.com. The Terms of Service for your continued use of Candymag.com will be available throughout Candymag.com. Please check these areas before using Candymag.com to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with Candymag.com immediately by (i) notifying Candymag.com of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of Candymag.com. Your continued use of Candymag.com will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Candymag.com, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
From time to time Candymag.com may supplement these Terms of Service with additional terms pertaining to specific content, services, products. digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on Candymag.com to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
When you register for Candymag.com, you will be required to provide Candymag.com with the following information: your name, e-mail address, country, gender, birth date, member name and password. In addition, you may choose to provide Candymag.com with additional information, including your mailing address, household income, education, marital status and employment status.
Candymag.com reserves the right to (i) terminate your membership and access to any specific content, services, digital products, courses, or events, and (ii) remove your personal Candymag.com website, if Candymag.com learns that you have provided Candymag.com with false or misleading registration information.
Candymag.com reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access Candymag.com and/or any other service, specific content, digital products, products, courses or events, provided to you by Candymag.com, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
Candymag.com may modify these Terms of Service from time to time in its sole discretion. Each time you log on to Candymag.com, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at Candymag.com's discretion) to provide you notice of such changes to any e-mail address you have provided to Candymag.com, or post office address you have provided to Candymag.com.
5. Modifications of Candymag.com
Candymag.com may modify or discontinue Candymag.com, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Content of Messages
You alone are responsible for the content of your messages, and any consequences of such messages. Candymag.com reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. Candymag.com is to be used by you for your personal use only. Commercial uses of Candymag.com are strictly prohibited unless prior written consent from Candymag.com has been granted. You agree that you will not use Candymag.com for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
You further agree not to use Candymag.com to send or post on message boards or any place on Candymag.com, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by Candymag.com in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Candymag.com. Candymag.com reserves the right to delete any such material from Candymag.com. Candymag.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Candymag.com. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use Candymag.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Candymag.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Candymag.com, copy, reproduce, re-transmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on Candymag.com is not protected by Rights rests with you. You acknowledge that Candymag.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of Candymag.com, including message boards, forums, contests, personal websites and chat rooms, you grant Candymag.com a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Candymag.com retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON Candymag.com, YOU HEREBY EXPRESSLY PERMIT Candymag.com TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY Candymag.com'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
7. Third Party Services
You may order services or merchandise through Candymag.com from other persons not affiliated with Candymag.com ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Candymag.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Candymag.com nor will Candymag.com be construed as a party to such transactions, whether or not Candymag.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Candymag.com may include special routing icons which may be located within Candymag.com, the activation of which will allow you to access and learn more about Candymag.com and other services provided by Candymag.com whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
8. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Candymag.com of any unauthorized use of your registration or password.
9. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on Candymag.com may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to Summit Interactive, Level 1 Robinson's Galleria, Ortigas Avenue corner EDSA, Quezon City, Philippines.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF Candymag.com, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH Candymag.com, IS AT YOUR SOLE RISK. Candymag.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Candymag.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Candymag.com MAKES NO WARRANTY THAT Candymag.com WILL MEET YOUR REQUIREMENTS, OR THAT Candymag.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES Candymag.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Candymag.com. Candymag.com WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF Candymag.com.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Candymag.com IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT Candymag.com DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH Candymag.com. Candymag.com IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Candymag.com NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN Candymag.com, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Candymag.com ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
Candymag.com SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN Candymag.com, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN Candymag.com IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Candymag.com OR THROUGH Candymag.com, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Candymag.com MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH Candymag.com OR ANY TRANSACTIONS ENTERED INTO THROUGH Candymag.com.
Candymag.com IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE Candymag.com. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH Candymag.com MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST Candymag.com WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, Candymag.com MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. Candymag.com SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON Candymag.com, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY Candymag.com AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON Candymag.com, YOU WAIVE ANY CLAIMS AGAINST Candymag.com FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
11. Limitation of Liability
Candymag.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE Candymag.com OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Candymag.com OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF Candymag.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Photo and Message Storage
Candymag.com assumes no responsibility for the deletion of or failure to store photo or e-mail messages.
13. Promotional Messages
Candymag.com and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Candymag.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Candymag.com nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of Candymag.com, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Candymag.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
15. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without giving effect to its conflicts of laws provisions. By registering for or entering Candymag.com, you consent and submit to the exclusive jurisdiction and venue of the courts of the Republic of the Philippines.
16. Remedies for Breach of these Terms by You
In the event that Candymag.com determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for Candymag.com, Candymag.com reserves the right to (i) warn you via email (to any email address you have provided to Candymag.com) that you have violated these Terms of Service; (ii) delete any or all content provided by you or your agent(s) to Candymag.com; (iii) discontinue your registration(s) with Candymag.com and/or any other Candymag.com community; (iv) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through Candymag.com; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Candymag.com deems to be appropriate.
If your registration(s) with or ability to access Candymag.com, any other Candymag.com community and/or any other service, product, content, course, event, tool or digital product provided to you by Candymag.com is discontinued by Candymag.com due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of Candymag.com, then you agree that you shall not attempt to re-register with or access Candymag.com, any other Candymag.com community and/or any other digital product, course content or service provided by Candymag.com, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Candymag.com reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Candymag.com may assign its rights and obligations under these Terms of Service and upon such assignment Candymag.com may be relieved of any further obligation hereunder.
You represent to Candymag.com that you have the authority to register with or visit Candymag.com according to these Terms of Service. Candymag.com does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit Candymag.com.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on Candymag.com by Candymag.com) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Candymag.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Candymag.com reserves the right to terminate free access to Candymag.com including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Candymag.com reserves the right (at Candymag.com's discretion) to provide you with notice of such change by prominently posting a notice on Candymag.com and/or sending written notice to you at any e-mail and/or post office address you have provided to Candymag.com. Once free access is terminated Candymag.com may charge each subscriber any applicable fee, surcharge and/or membership fee for access to Candymag.com and/or any for-pay content, services, digital products, products, events, tools or products.
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