TERMS OF USE

What we collect, how and why

For every account we collect the user’s name, email address, country, occupation, login dates, transaction details and IPs. Your password is encrypted, for data protection, so it cannot be copied or stolen. We need this information to set up unique user accounts, to be able to get in touch with you and to send you personalised messages. You can always ask us to modify your email address and you can reset your password at any time.
We also receive different kinds of information through the use of cookies like where you click, what device you’re using and what pages you view. We use this data for research, which helps us identify service issues, optimize our services and create a better platform for our users.

What else you need to know

We never sell your data.

Data portability

If, at any time, you desire to get a file containing all the data that we have collected over time in regard to your account, let us know. You will need to allow us 30 days to process and honour your request. We will compile an archive for you containing login dates, IPs, transactions list, invoices as well as account information: screenname, profile name, email, account ID, first and last name, company and address (if known).

Other updates for european citizens

Modifications in the Terms of service. Where we modify the Services or we modify these Terms, we will tell you a reasonable amount of time in advance of any modifications.
Indemnity for Non-Personal Use. The new Terms of service is more specific in regards with people who are using our service on behalf of another company.
Disputes. European Union citizens can access the online dispute resolution platform provided by the European Commission.

Terms of service

These “Terms of Service” set forth the terms and conditions that apply to your use of BadCandyBlog.com. By using  The Bad Candy Blog (other than to read this page for the first time), you agree to comply with all of the Terms of service set forth herein. The right to use The Bad Candy Blog is personal to you and is not transferable to any other person or entity.

BY USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES.

Use of sites and/or service

Overview

The Bad Candy Blog and the services provided (“Service”) are maintained and operated by Bad Candy (“us”, “we”, “our”, “the Company”). In the context of this agreement, “The Bad Candy Blog”, shall mean Bad Candy and the Bad Candy Blog website.

If you breach any of the Terms in these Terms of Service (“Terms”), your authorization to use The Bad Candy Blog automatically terminates.

We may revise these Terms of Service at any time and you agree to be bound by the revised Terms. Any modification will become effective when it is first posted to The Bad Candy Blog.
Where we modify the Services or we modify these Terms, we will tell you a reasonable amount of time in advance of any modifications that will disadvantage our users or limit the access or usage of Service. Your continued use of the Services after the effective date of any such modifications means that you agree to the Service or the Terms as modified.
For modifications to the Terms or to the Service that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as possible.
You may stop using the Service at any time. Your continued use of The Bad Candy Blog after the effective date of any modifications to the Terms or the means that you agree to the Terms as modified. We may notify you by either posting a new version of this Term of Service, notifying visitors on badcandyblog.com that a new version has been posted, or by e-mail to the last known address on file. You can send e-mail with any questions related to these Terms of service to badcandyblog.com support.
Under this agreement, “Services” shall mean any of the Internet based or other services offered by the Company, including, but not limited to, those listed at the bottom of this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cell phone or otherwise. “User Contributed Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, “Skins”, “Sketches”, or files) uploaded by a user through the Service or otherwise integrated into the Service by a user. “User Created Art” shall mean any intellectual property created by a user as part of his or her use of the Service.

Use of the Site – What The Bad Candy Blog Provides

The Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and related software and to display the results of such Service. You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of the Company.
The Company grants you a limited revocable license to post a copy of your User Created Content, on your own personal web site or on a third party web site that complies with all applicable laws and these Terms of Service.
Finally, the Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

Use of the Site – Your Obligations
You represent and agree that:

  • you are able to enter into this agreement. You have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms;
  • the Bad Candy Blog service requires all persons to be at least 13 years old before they create an account. If you are between age 13 and the age of majority where you reside, your legal guardian must review and agree to the terms of service. Creating an account using false information is a violation of our terms.
  • you will be bound by any additional rules or policies published within or with respect to any application (“app”), forum, contest, or game provided in the Service;
  • except as expressly permitted, you will not copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of the Company;
  • any User Created Art is your original work and your contribution to the User Created Art does not violate any third party’s privacy rights, publicity rights, copyrights;
  • or other intellectual property rights. You agree to pay all royalties, fees, and any other amounts with respect to your contribution to User Created Art;
  • you have the right to display each and every item of User Contributed Content which you have released through the Service, including the right to display all copyrights, trademarks, trade names and similar intellectual property;
  • you do not rely on the Company to monitor or edit the Service;
  • the Service may contain content which you find offensive and you waive any objections you might have with respect to viewing such content.

Account Information. You must ensure that your account information (the information you provided when you registered for The Bad Candy Blog) remains current, complete, accurate and truthful. All Bad Candy Blog accounts are non-transferable, and any rights to them terminate upon the account holder’s death. You can change or correct your account information at any time by logging into your Bad Candy Blog account.

You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to The Bad Candy Blog, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.

Intellectual property rights

Your rights
You retain full ownership to your content (“User Content”). By “User Content” we understand both, the stuff you upload on The Bad Candy Blog (“User Contributed Content”) and the content you generated/published on The Bad Candy Blog (“User Created Content”). The Bad Candy Blog does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (“User Content”) that you post on The Bad Candy Blog. We do, however, need you to grant us certain rights in the “User Content”, so that we can incorporate such “User Content” in our services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of User Content on or through The Bad Candy Blog. By displaying or publishing any content on or through the The Bad Candy Blog, you hereby grant to The Bad Candy Blog a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the Site in any media formats through any media channels, except content not shared publicly (“private”) which will not be distributed outside The Bad Candy Blog.

Copyrights.
The materials found on the Site are protected by Ireland and other copyright laws. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the site is copyright ©, Bad Candy. Permission is granted to view and print materials from The Bad Candy Blog site for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of Bad Candy, is strictly prohibited.

The Bad Candy Blog Rights
All materials contained on The Bad Candy Blog are copyrighted by Bad Candy and protected to the maximum extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion of The Bad Candy Blog including related graphics.

BadCandyBlog.com is a trademark/service mark that identifies The Bad Candy Blog and the services provided by it. Such marks may not be used under any circumstances without the prior written authorization of Bad Candy.

You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods or virtual currency. Further, you agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.

User submissions, site security and conduct

Any Material you post publicly to The Bad Candy Blog will be accessible to all users of the site (“Users”). We have incorporated all reasonable and commercially available measures to protect the site from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password, including the content of the materials you post on The Bad Candy Blog. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your user ID or password. Further, you agree not to:

  • upload, post or otherwise transmit any content that is adult in nature, such as any nudity in a sexual context, any content revealing exposed genitalia, or any content with adult themes;
  • harm minors in any way;
  • upload, post or otherwise transmit any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity;
  • upload, post or otherwise transmit any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
  • upload, post or otherwise transmit any material that constitutes a direct threat of violence against any person or group of people;
  • impersonate another person or entity, including, but not limited to, a Member or The Bad Candy Blog official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service;
  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  • use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
  • transmit through the Service any materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
  • transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity;
  • transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;
  • violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
  • interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
  • interfere with another User’s use and enjoyment of the Service.
  • The Bad Candy Blog reserves the right to terminate any account or user who has violated any of the above prohibitions.

Notification of claims of infringement

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers.

If you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us @ support@badcandyblog.com.

Newsletters, discussion groups, disclaimer of liability

Notices
The Bad Candy Blog may provide you with notices, including service announcements and notices regarding changes to these Terms, by email, in-app message, notifications on the website, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.

Newsletters
You may subscribe to our newsletter. You can opt-out at any time from any email newsletter that you receive by clicking the Unsubscribe link. We will not send you any spam or off-topic emails. Most of our emails consist of product updates, new product info, notifications and special offers.

We disclaim any liability related to the content of any such materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You acknowledge that it is our policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the sites or this service and that we reserve the right at all times to edit, refuse to post, or to remove any materials, in whole or in part, that in our sole discretion, are objectionable or in violation of these terms.

Members and subscriptions

Limited Rights

  1. Nothing in the Terms affects any legal rights that you are entitled to as a consumer under the EU law which cannot be contractually altered or waived. If you reside in a European Union country, nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision, that cannot be varied by contract. The European Commission provides for an online dispute resolution platform, which you can access here.
  2. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Premium Service, you have no right or title in or to any Virtual Goods appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
  3. The Company has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Goods as it sees fit in its sole discretion, and the Company shall have no liability to you or anyone for the exercise of such rights.
  4. You acknowledge that if the Company believes that any items in your account were received in connection with any fraud or other unfair dealing, or if the Company decides for any reason or no reason at all that it is in the best interests of the Company, the Company may delete items from your account.

All Sales Final
You agree that all sales of Virtual Goods by the Company are final, as are all sales or exchanges of Virtual Goods with other users through the Service. No refunds will be given, except in the Company’s sole and absolute discretion. All Virtual Goods will be forfeited if your account is terminated or suspended for any reason, in the Company’s sole and absolute discretion, or if the Company discontinues providing the Service.

Deliverables

All widgets, embed codes, files, data files, images and other final published files/deliverables are owned by you (the end-user) AS IS, meaning that after receiving/getting the code from our Services the end user is not allowed to change or modify anything inside the deliverable. He can use it only as it is provided by the Services. Exceptions can be made for html/embed code that can be edited to comply with your site, but we do not support this action. The SWF files downloadable from our Services are protected against further decompiling and unauthorized use, also an invisible signature text is inserted in each one of the deliverable SWFs to make sure that no one will try to use part of this code without our permission. This text is only visible to decompilers, debuggers and some search engines, but not visible in the widget itself when played with FlashPlayer. To make sure that these texts are not picked up by any search engine, always use a JavaScript method to insert the SWF in your sites. Also, always make sure that the page where a SWF object is embedded has a meta-description, or at least a regular html text, other search engines may believe that your description text is our signature text, being the only text that actually exists on that page.

BUGS AND ISSUES

The Services licensed under The Bad Candy Blog network sites are tested over and over by our QA team; however it may not function correctly, it may have functional, conceptual and/or documentation bugs and issues. In these case, The Bad Candy Blog (Bad Candy) will try to fix the bugs, issues and errors found and will supply the buyer with working updates.

System and network security

Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.

Links to other websites

The Bad Candy Blog may contain links and pointers to other websites that are maintained by third parties. Such links do not that we endorse these third-party sites or any materials they contain. Of course we do not control, and thus are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites. Bad Candy will have no liability to any entity for the content or use of the content available through such hyperlink.

Representations & Warranties – Discaimer of warranties

The information and materials on The Bad Candy Blog could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.

Bad Candy MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY DIGITAL PRODUCTS, SERVICES, INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITES AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITES OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITES OR THE SERVICE.

Indemnity

You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.
If you are using the Services on behalf of a company, business or other entity, or if you are using the Service for commercial purposes, you and the entity will hold harmless and indemnify the Company from any suit, claim or action arising from or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.

You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the Republic of Ireland. without reference to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Ireland for any disputes arising out the use of The Bad Candy Blog. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Service Provider’s registered office.

This Agreement constitutes the entire agreement between The Bad Candy Blog and you with respect to the website and it supersedes all prior and similarly timed communications. If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement. Any remaining provisions of the agreement will continue to be enforced with full effect.

Limitation of liability

Under no circumstances are we liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the sites or the service, whether the damages arise from use or misuse of the site or the service, from inability to use the sites or the service, or the interruption, suspension, modification, alteration, or termination of the sites or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with our site or the service or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the sites or the service or any links on the sites. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitation may not apply to you.

Consequences of violation of terms

We may without notice to you, suspend your Service or remove any materials transmitted via The Bad Candy Blog if it discovers facts that lead it to reasonably believe that our service is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We will attempt to contact you prior to your suspension; however, prior notification is not assured.

You acknowledge that your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will not only be regarded as a breach of these Terms, but also as an infringement of the Company’s copyrights in and to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms, and/or to pursue other remedies at law or in equity.

You acknowledge that we may delete your account for any reason or for no reason at all, and if we delete your account as provided in these Terms (for example because of your violation of our Copyright Policy), you will lose all Virtual Goods in your account, whether those items were provided to you gratuitously, or due to a payment of cash or the performance of services, and in such event, the Company shall have no obligation to make any refund to you. Until such times as these Terms are changed to the contrary, you will have no right to convert our virtual currency into actual money or into any tangible property.