Terms and Conditions
Welcome to the Candy Kitchen Shoppes, Inc. (“CKS”) family of brands and websites (our “Sites”). Our Sites are located under the domain names: candykitchen.com and candykitchens.com. By accessing any of these Sites or using any of the services offered on or through the Sites (collectively with the Sites, the “Services”), you agree to be bound by the terms and conditions below (and all other operating rules and/or policies of CKS that may be published on these Sites (collectively, the “Terms”).
If you do not agree to the Terms, please do not use these Sites. CKS may from time to time modify the Terms by posting updates on the Sites. Your use of these Sites following any change constitutes your agreement to be bound by the changed Terms.
CKS may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any Service feature, database, or content. CKS may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Certain areas of this Site may require registration and use of a password and user ID to access certain content, and will be subject to additional terms and conditions. The information contained on this Site is provided solely for general informational purposes and is not intended to provide a complete description of all terms, conditions, and exclusions applicable to all of the products and services described. CKS is not engaged in rendering legal, financial, investment or any other advice – we sell candy. The information contained on these Sites was believed to be accurate at the time it was posted and CKS periodically updates the information on its Sites; however, CKS provides all information on its Sites on an “as is” and “as available” basis and takes no responsibility for the timeliness, accuracy or applicability of the information.
You agree to provide CKS current, complete, and accurate information, if required to complete requested information (“User Data”) and to maintain and update this information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. If CKS suspects that your User Data is not current, complete, or accurate, CKS may pursue any appropriate legal remedies.
COPYRIGHT AND TRADEMARK NOTICE
These Sites and their contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material (collectively the “Content”) are protected under United States copyright laws and are the property of CKS. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, trade names, or trade dress (collectively, “Marks”) of CKS. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of CKS is prohibited and may violate the copyright or trademark laws of the United States.
We appreciate your comments, suggestions and other submissions you disclose to us (collectively, “Comments”). By sending us your Comments via email, Facebook, Instagram, Google +, LinkedIn, Tumblr, and Twitter you grant CKS and its affiliates a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform and publicly display (in whole or in part) your Comments, your name and any related copyrights, moral rights or other intellectual property rights.
UNACCEPTABLE USE AND LINKING
You shall not restrict or inhibit any other user from using the Sites. You shall not use the Sites to: (i) engage in fraudulent conduct or conduct that would constitute a criminal offense or give rise to civil liability; (ii) distribute any harmful, vulgar, indecent, obscene, or otherwise illegal or objectionable material; (iii) spoof any third party, or forge, delete, or alter any part of TCP/IP packet header information in any e-mail; (iv) violate or attempt to violate, the security of the Site; (v) access materials not intended for you; (vi) log into a server or account which you are not authorized to access; or (vii) assist or permit any persons in engaging in any of the activities described above. We reserve the right to investigate and to involve law enforcement authorities for any alleged or actual illegal activities involving this Site. You shall not “deep-link” to these Sites, meaning that you will not create, post, display, or distribute any link to any page other than the home page of a Site, unless specifically authorized by CKS to do so. You shall not display the contents of the Sites on another web page through framing or in-lining without CKS’s express permission. The Sites may contain links to third party sites. Your use of such third party sites will be subject to the terms and conditions posted on that web site. CKS assumes no responsibility for content posted by any third party or any third party web site. The inclusion of any link on the Sites does not imply an endorsement of that web site by CKS. You acknowledge that your access or use of any third party site is at your own risk.
You are responsible for protecting your computer against viruses, Trojan horses, or other computer programming routines intended to damage a computer’s functionality.
THIS SITE, ITS CONTENTS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. CKS EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CKS DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE, OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend, indemnify and hold CKS and each of its subsidiaries, affiliates, licensees, officers, directors, employees and agents, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Sites; (ii) violation of any of these Terms; or (iii) the infringement by you, or any other person using your password and account (if applicable), of any right of any person or entity.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CKS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THESE SITES OR GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THESE SITES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, EVEN IF CKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CKS’s total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).
These Terms are governed by the laws of the States of Virginia, Maryland and Delaware without giving effect to any principles of conflicts of law. Subject to the dispute resolution terms below, any legal action between CKS and you related to the Terms shall be brought exclusively in a court of competent jurisdiction sitting in (or with jurisdiction over) Ocean City, Maryland.
Except with respect to violations of CKS’s intellectual property or proprietary rights, and except with respect to suits brought against CKS by third parties, you agree that any dispute involving CKS shall be settled by arbitration in the AAA office nearest to Ocean City, Maryland and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim of any other party. You agree that CKS may seek interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of CKS pending the start and/or the completion of arbitration.
If any provision of these Terms shall be found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any cause of action brought against CKS arising out of the Sites or the Terms must commence within one (1) year after the cause of action arose. These Terms constitute the entire agreement between the parties.
CKS may deliver notice to you under the Terms by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. Mail to your address you provide (if any) to CKS. You may give notice to CKS (except for claims of intellectual property infringement for which you may give notice according to our Copyright Notice and Procedure anytime via electronic mail to firstname.lastname@example.org.
TERMINATION OR REVISION OF SERVICES
CKS reserves the right, at any time, to modify, suspend, or discontinue the Sites, without notice, at its sole discretion. CKS shall not be liable to you for any modification, suspension, or discontinuance of the Sites. CKS may, in its sole discretion, refuse or restrict anyone from access to any or all of the Sites at any time.