Last updated: September 30, 2015
Welcome to AdsCandy.com. AdsCandy, Inc and/or its affiliates ("AdsCandy") provide website features and other products and services to you when you visit or shop at AdsCandy.com, use AdsCandy products or services, use AdsCandy applications for mobile, or use software provided by AdsCandy in connection with any of the foregoing (collectively, "AdsCandy Services"). AdsCandy provides the AdsCandy Services subject to the following conditions.
By using AdsCandy Services, you agree to these conditions. Please read them carefully.
We offer a wide range of AdsCandy Services, and sometimes additional terms may apply. When you use an AdsCandy Service you also will be subject to the guidelines, terms and agreements applicable to that AdsCandy Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of AdsCandy Services, to understand our practices.
When you use any AdsCandy Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other AdsCandy Services. 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.
All content included in or made available through any AdsCandy Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of AdsCandy or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any AdsCandy Service is the exclusive property of AdsCandy and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any AdsCandy Service are trademarks or trade dress of AdsCandy in the U.S. and other countries. AdsCandy's trademarks and trade dress may not be used in connection with any product or service that is not AdsCandy's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AdsCandy. All other trademarks not owned by AdsCandy that appear in any AdsCandy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AdsCandy.
One or more patents owned by AdsCandy apply to the AdsCandy Services and to the features and services accessible via the AdsCandy Services. Portions of the AdsCandy Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, AdsCandy or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the AdsCandy Services. This license does not include any resale or commercial use of any AdsCandy Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AdsCandy Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by AdsCandy or its licensors, suppliers, publishers, rightsholders, or other content providers. No AdsCandy Service, nor any part of any AdsCandy Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AdsCandy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AdsCandy without express written consent. You may not use any meta tags or any other "hidden text" utilizing AdsCandy's name or trademarks without the express written consent of AdsCandy. You may not misuse the AdsCandy Services. You may use the AdsCandy Services only as permitted by law. The licenses granted by AdsCandy terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any AdsCandy Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AdsCandy does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the AdsCandy Services only with involvement of a parent or guardian. Alcohol listings on AdsCandy are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. AdsCandy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AdsCandy reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant AdsCandy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AdsCandy and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AdsCandy for all claims resulting from content you supply. AdsCandy has the right but not the obligation to monitor and edit or remove any activity or content. AdsCandy takes no responsibility and assumes no liability for any content posted by you or any third party.
AdsCandy respects the intellectual property of others, but it is not liable for third party infringement.
RISK OF LOSS
All items purchased from AdsCandy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
AdsCandy does not take responsibility on the fulfillment of each transaction between third parties. Nevertheless, if you believe that your transaction may have been bridged in a way that constitutes an infringement of the media selling and buying contract, please follow our Buyer Refund Policy included below. If after our good will intents to find a common path of action between buyer and seller, a deal can not be reached, at our sole and absolut discretion, a final decision regarding the fulfillment of the transaction may be issued by AdsCandy.
What is the Buyer Refund Policy?
The Buyer Refund Policy supports buyers in the event they experience a media buying issue. A media buying issue generally falls into one of 2 categories: (1) the media vendor cancels the reservation shortly before starting date or (2) the media booked is misrepresented or lacks in promised features. The following are scenarios addressed by the Buyer Refund Policy. After the campaign is meant to begin based on the corresponding Vendor-Buyer Media Contract, the buyer checks the media and notifies AdsCandy within 24 hours that:
BUYER REFUND POLICY
Media on the AdsCandy platform should meet minimum standards regarding safety, visual and audio quality, and exposure, and they should be consistent with the description provided by the Media Vendor. AdsCandy will (at our discretion) either provide the Buyer with a refund or use reasonable efforts to find and book the Buyer at another comparable Media for any unused ad spaces left in your media contract. The amount of any refund will depend on the nature of the Media buying Issue suffered. To submit a valid claim for a refund, a Buyer is required (a) to bring the Media buying Issue to our attention at email@example.com, within 7 days after the start of your media buy (including photographs or other evidence) and respond to our requests for information or cooperation, (b) not have directly or indirectly caused the Media buying Issue and (c) to have used reasonable efforts to try to remedy the circumstances of the Media buying Issue with the Vendor prior to making a claim for a Media buying Issue. The dispute will be resolved within 7 days after it was filed
AdsCandy attempts to be as accurate as possible. However, AdsCandy does not warrant that product descriptions or other content of any AdsCandy Service is accurate, complete, reliable, current, or error-free. If a product offered by AdsCandy itself is not as described, your sole remedy is to return it in unused condition.
Both buyers and sellers registered at AdsCandy must not circumvent the media buying process, both current and future/repeats, related to media posted in Adscandy. AdsCandy has every right to block any party suspected of circumventing from its platform.
Media vendors commit by this agreement not to use any other online facility to sell their media, unless approved by AdsCandy. Requests for permission to use any other digital platform to sell media should be sent to firstname.lastname@example.org.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AdsCandy reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant AdsCandy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AdsCandy and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AdsCandy for all claims resulting from content you supply. AdsCandy has the right but not the obligation to monitor and edit or remove any activity or content. AdsCandy takes no responsibility and assumes no liability for any content posted by you or any third party.
Except where noted otherwise, where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by AdsCandy, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by AdsCandy is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until the media seller confirms the chosen media product available to you.
ADSCANDY SOFTWARE TERMS
In addition to these Conditions of Use, the terms found in this document apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with AdsCandy Services (the "AdsCandy Software").
Parties other than AdsCandy operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. AdsCandy does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ADSCANDY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ADSCANDY SERVICES ARE PROVIDED BY ADSCANDY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ADSCANDY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ADSCANDY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ADSCANDY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ADSCANDY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ADSCANDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADSCANDY DOES NOT WARRANT THAT THE ADSCANDY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ADSCANDY SERVICES, ADSCANDY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ADSCANDY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADSCANDY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ADSCANDY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ADSCANDY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any AdsCandy Service, or to any products or services sold or distributed by AdsCandy or through AdsCandy.com will be resolved by binding arbitration, rather than in court , except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Adscandy Inc, PMB 221, 1357 Ashford Ave, San Juan, PR 00907. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will not reimburse any fees for claims. Likewise, AdsCandy will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any AdsCandy Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AdsCandy.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of AdsCandy Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
PMB 221, 1357 Ashford Ave
San Juan, Puerto Rico, 00907
How to Serve a Subpoena
If you have a subpoena to serve on AdsCandy, please note that AdsCandy does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on AdsCandy Inc.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information;
Additional AdsCandy Software Terms
Use of the AdsCandy Software. You may use AdsCandy Software solely for purposes of enabling you to use and enjoy the AdsCandy Services as provided by AdsCandy, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the AdsCandy Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the AdsCandy Software or otherwise assign any rights to the AdsCandy Software in whole or in part. You may not use the AdsCandy Software for any illegal purpose. We may cease providing any AdsCandy Software and we may terminate your right to use any AdsCandy Software at any time. Your rights to use the AdsCandy Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain AdsCandy Software that are specifically identified in related documentation may apply to that AdsCandy Software (or software incorporated with the AdsCandy Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any AdsCandy Service is the property of AdsCandy or its software suppliers and protected by United States and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the AdsCandy Software, whether in whole or in part, or create any derivative works from or of the AdsCandy Software.
Updates. In order to keep the AdsCandy Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the AdsCandy Software. If you are a U.S. Government end user, we are licensing the AdsCandy Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the AdsCandy Software are the same as the rights we grant to all others under these Conditions of Use.