Last modified: 06/27/2022
Last modified: 06/27/2022
Thank you for visiting our website at www.CandleMedia.com (“Site”). This Site is operated by Candle Media, LLC (“we,”“us,” or “our”) and allows you to: (a) learn about our business and content. These Terms and Conditions (“Terms and Conditions”) govern your use of the Site, and your agreement is a condition precedent to using this Site. Please read these Terms and Conditions carefully before proceeding, as they constitute a legally-binding contract.
BY ACCESSING OR USING THIS SITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS, TO WHICH WE RESERVE THE RIGHT TO MAKE CHANGES FROM TIME TO TIME, CONSISTENT WITH APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE.
THE DISPUTE RESOLUTION SECTION OF THESE TERMS AND CONDITIONS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.
Age Requirements for General Use
Individuals under the age of majority in their state of residence are not eligible to use this Site and may not submit any personal information to us. By using this Site, you hereby represent that you are at least the age of majority in your state of residence.
We will post a notification on this Site in the event of any changes to these Terms and Conditions. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification.Please check these Terms and Conditions periodically for changes. Your continued access to or use of this Site following our posting of any changes to these Terms and Conditions means that you accept those changes. IF YOU DO NOT AGREE TO SUCH CHANGES, DO NOT CONTINUE TO ACCESS OR USE THIS SITE.
Solely for Personal Use
You may browse this Site solely for your personal enjoyment. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without our express prior written consent.
Accuracy of Information as Condition to Site Access
To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete.
You agree not to use any data, device, software, or routine to interfere with the proper functioning of the Site. In using the Site, you may not:
Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
Any violation of system or network security may subject you to civil and/or criminal liability.
When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us.
All content on this Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, sound, or any other digital media is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we or our licensors own the copyright in the selection, coordination, arrangement, and enhancement of such content, as well as all other intellectual property rights.
All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on this Site or these Terms and Conditions serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on this Site. Notwithstanding this right, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or us that you provide to us (but excluding your PII (as defined below)) (collectively, “Feedback”) is deemed to be our proprietary information. We may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and we shall own all rights, title and interest in and to the Feedback and such improvements and modifications.
This Site may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms and Conditions. By providing any User Content on this Site, you hereby grant to us and our affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, sublicensable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates, and each of their respective licensees, successors, and assigns.
We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the contents of or any products or services offered in such Third-Party Sites or transactions occurring over such Third-Party Sites. Access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Likewise, we are not the seller of products purchased from such retailers and are in no way responsible for shipping their products (“Third Party Products”). Complaints, claims, concerns, or questions regarding Third Party Products should be directed to the third party.
We will not be liable if, for any reason, all or part of this Site is ever unavailable. From time to time, we may restrict access to all or some of this Site. We undertake no obligation to update, amend, or clarify information on this Site, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Site is inaccurate.
This Site’s content are intended to comply with U.S. state and federal laws and regulations.
THIS SITE AND THE INFORMATION, CONTENT, GRAPHICS, AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (1) WARRANTIES OF MERCHANTABILITY, (2) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND (3) WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, THIS SITE’S INFORMATION, GRAPHICS, AND/OR OTHER MATERIALS WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. NOTE THAT SOME JURISDICTIONS, SUCH AS THE STATE LAW OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED $100.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR DAMAGES AND THE DAMAGES OF OUR AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers, and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages, and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to content accessible the Site, intellectual property ownership provisions and the disclaimers and limitations of liability provisions set forth in these Terms and Conditions, as well as all dispute resolution provisions and general provisions set forth below, shall survive and continue to apply to you.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.
We may send you responses or notices by e-mail, posting to this Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These Terms and Conditions and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of California, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of California to apply.
This Site, this Site’s content, and incentives are intended to comply with U.S. state and federal laws and regulations. If you are a non-U.S.-based user, be advised that other countries may have laws, regulatory requirements that are different from those in the U.S.
Timing of Claims
Any cause of action or claim you may have with respect to this Site must be commenced within 1 year after the claim or cause of action arises.
Arbitration and Venue
PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Unless you opt out as described below, any dispute relating in any way to your visit to this Site shall be submitted to confidential, binding arbitration in Los Angeles, California, except that, (1) to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, including in Los Angeles, California, and you consent to jurisdiction and venue in such courts in Los Angeles, California, or (2) if the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Los Angeles, California to resolve your claim. In addition, you may opt out of this agreement to arbitrate only if you submit written notice to us of your decision to opt-out within 30 days of first registering your account or agreeing to these Terms and Conditions. Your failure to opt out within such 30 day period means that you agree to arbitrate. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.
Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear his, her or its own costs and legal fees, costs, and expenses. The arbitration shall be completed within 120 days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than 1 person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
This Site is controlled and operated by us from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to this Site should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction other than California. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted via email at [email protected].
I HAVE READ THE TERMS AND CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.