Terms & Conditions
These Terms and Conditions of Use (the “Terms”), define our relationship with site users of MyCandles. By using or accessing MyCandles, you agree to these terms:
1. About us
The operations, businesses, and properties described in this publication are owned and operated by Candles For Hope, a Connecticut Limited Liability Company with offices at 12 Godfrey Place, Wilton, CT, 06897, USA. The terms "MyCandles", "company," "we," "our," and "its" in these terms are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.
2. Your Privacy
3. Your Content and Information
You own all of the content you post on MyCandles, in addition:
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with MyCandles ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
We appreciate your feedback or other suggestions about MyCandles, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
4. Your Safety
We do our best to keep MyCandles safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on MyCandles.
You will not collect users' content or information, or otherwise access MyCandles, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, threaten or harass any user.
You will not create a profile for any living person
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or gratuitous violence or is offensive to a family audience.
You will not use MyCandles to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of MyCandles.
You will not facilitate or encourage any violations of these Terms
If you see any content on the site that you think is contrary to these terms, you will report it to us using the “Report Abuse” links that are visible on every profile and lit candle.
5. Your Registration and Account Security
Detailed below are the commitments you make to us related to site registration and maintaining the security of your account:
You will not provide any false personal information on MyCandles, or create an account for anyone other than yourself without our permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your Candle posts to an advertiser).
You will not use MyCandles if you are under 13.
You will not use MyCandles if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
6. Protecting Other People's Rights
We respect other people's rights, and expect you to do so too.
- You will not post content or take any action on MyCandles that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on MyCandles if we believe that it violates these Terms.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you will have the opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account.
- You will not use our copyrights or trademarks (including MyCandles, the MyCandles logo or the phrase “Leave Some Light, Light Some Hope”), or any confusingly similar marks, without our written permission.
- You will not post any identification documents or sensitive financial information on MyCandles.
We reserve the right to modify these Terms at any time, and without actual notice to you. All such changes to these Terms will appear on this website. By entering and/or using this Web Site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms. YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of MyCandles to you. We will notify you by email. You may also delete your account at any time.
We will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms or Candles for Hope LLC exclusively in a state or federal court located in Fairfield County. The laws of the State of Connecticut, USA will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Fairfield County, Connecticut, USA for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on MyCandles, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
DISCLAIMER OF WARRANTIES . Candles For Hope LLC provides the information on this web site on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Candles For Hope LLC specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the web site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Candles For Hope LLC does not warrant or guarantee: (i) that any portion of the web site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the web site will be uninterrupted or error-free.
LIMITATION OF LIABILITY. Under no circumstances, including, but not limited to, negligence, shall Candles For Hope LLC be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this web site, even if Candles For Hope LLC or a Candles For Hope LLC authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the web site. In no event shall Candles For Hope LLC total liability to you herein, for any claim or action arising from use of the web site (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Candles For Hope LLC liability shall be limited to the fullest extent permitted by law.
10. Additional Provision Applicable to MyCandles Users Outside the United States
We want to create a global community with consistent standards for everyone, but we also respect local laws. The following provision therefore applies to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
By "MyCandles" we mean the features and services we make available, including through our website at www.MyCandles.org and any other MyCandles branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions).
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on MyCandles that would not be included in the definition of "information".
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into MyCandles at least once in the previous 30 days.
These Terms make up the entire agreement between the parties regarding MyCandles, and supersedes any prior agreements.
If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of these Terms, it will not be considered a waiver.
Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent us from complying with the law.
These Terms do not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing MyCandles.
Last Revised: May 16, 2011.