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TERMS AND CONDITIONS


 Last Update August 22, 2020

These Terms of Use apply to Curlicues and Confections LLC dba Candy With A Twist, www.candywithatwist.comand governs data collection and usage. For the purposes of these Terms of Use, unless otherwise noted, all references to Curlicues and Confections LLC dba Candy With A Twist include www.candywithatwist and all other subsidiary companies. These Terms of Use are entered into by and between you and Curlicues and Confections LLC and together with the Privacy Policy and any other documents are expressly incorporated by reference and govern your access to the Sites whether as a visitor or a registered user.

SCOPE OF TERMS

Curlicues and Confections LLC dba Candy With A Twist services and the products offered is owned and operated by Curlicues and Confections LLC dba Candy With A Twist  (“Company”, "us," "our," and "we").

You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client. Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

Access to all areas of the Website is provided in accordance with the following terms ("Terms"). By using the Website, you electronically agree to be legally bound by the Terms, which govern your use of the Website. If you do not agree to all of these Terms, please immediately discontinue any further use of the Website.

RESTRICTIONS ON USE

We reserve the right to refuse service to anyone for any reason at any time.

WEBSITE ACTIVITY

 Through Your use of the Website, You may provide Us with certain information. We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. By using the Website You authorize the Company to use Your information in the United States and any other country where We may operate.

a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.


b) How We Use Information: We use the information gathered from You to administer the Site; to provide the highest possible level of service to you and; to ensure Your continued good experience on Our Website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and statistical analytics of user behavior and characteristics in order to measure interest in and use of the various areas of our site, and for this, We may work with third-party providers.  


c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.

 INFORMATION PROVIDED BY YOU

If you upload graphics, content or other details (collectively, "Information") to our Website

We reserve the right to use all products created bearing graphics and shared information in our advertising and displays unless otherwise notified in writing at time of order.

LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase products through the Site for legitimate  purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.


RESTRICTIONS ON APPLICABLE USE

In connection with your use of the Website, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; Information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (b) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (c) confidential information belonging to any other person. In addition, you may not engage in any conduct to: (a) collect information about others; (b) interfere with the Website or the servers or other technology hardware used by the Website; (c) inhibit others from using the Website, or (e) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation.

COOKIES

 We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all. The Site does not respond to Do Not Track signals sent by your browser.

 ACCOUNT LOGIN INFORMATION AND SECURITY

 We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

Our system does not store your master password on our servers so your passwords cannot be retrieved by anyone but you. If you forget your master password you will have to reset your account and setup a new one.

The following rules govern the security of your Account and Login Information:

You shall not share your Account and Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account. Sharing your Account and Login Information with anyone else will result in immediate removal from the program, service, and/or application without notice and without refund;

In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us at orders@candywithatwist.com and modify your Login Information; You are solely responsible for maintaining the confidentiality of your Login Information (including your password), and for restricting access to your hardware device while logged into our Site;

You will be responsible for all activities coming from your Account or from your hardware device, including purchases, whether or not authorized by you;

You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

INTELLECTUAL PROPERTY

 All text or other material submitted by the customer for use by The Company in the production of items ordered, whether or not artwork required by the The Company is required, will be accepted as being submitted in full compliance with all applicable laws, regarding trademark, service mark, copyright, right of privacy patent or similar protection. The customer, by submitting text or other material, represents that the use by The Company will not violate any such laws in the use of the customer’s text or other material. The customer hereby agrees to hold The Company harmless of any damages and/or expenses when they arise under all such laws as consequence of The Company’s use of text or other material or the operations undertaken by this agreement.


FEES AND PAYMENTS

As consideration for any purchase you make on the Website, you shall pay Candy With A Twist all applicable fees and taxes. Our third-party payment processor shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

VISITORS' GDPR RIGHTS

According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.

 As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include:

 JURISDICTION AND CHOICE OF LAW

 The laws of the State of New Jersey govern this contract and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in New Jersey. You irrevocably consent to the venue and jurisdiction of such courts.

 BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS

 EXECUTION OF AGREEMENT

 Your continued use of the Website constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.

 

ENTIRE AGREEMENT

 These Terms and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

 SEVERABILITY

 If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

 NO WAIVER

 In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

 FORCE MAJEURE

 The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

 MODIFICATION IN TERMS OF USE

 It is our sole discretion to revise and update these Terms of Use from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

©2013-2020 CANDY WITH A TWIST is a registered trademark in the United States. All rights reserved. Descriptive or typographical errors are subject to correction. We reserve the right to change items, prices, or policies at any time and without notice.