Candowell is a social network designed and made available by CANDOWELL CORP., whose EIN – Employer Identification number – is 36-4879013. This document is intended to explain the functionalities and govern your use of the Platform.
Candowell is a different social network! We generate and direct revenues to social causes and Users can participate, directly or indirectly, in charity projects.
1. Term Acceptance
1.1 The free, express, conscious and informed acceptance of these Terms shall take place when the User clicks on the acceptance button, upon his/her first access to the Platform. If the User does not agree to any provision herein, he/she shall refrain from using Candowell.
2. Platform Use
2.1 These Terms are intended to govern the use of Candowell, available in an application for smartphone and tablet platforms (mobile version).
2.2 The use of Candowell requires prior registration. Upon the registration, the User shall supply only true and complete data, capable of enabling his/her proper identification. Candowell requires everyone to be at least 13 years old before they can create an account and use our platform.
2.3 After the registration, the User can, among other functionalities, add people to his/her network, make available contents and disclose texts, hyperlinks, images, videos, as well as interact with other Users through comments and responses about the content disclosed by them, which can also be shared and disclosed.
3. Use Rules
3.1 In case we become aware of any improper content, we may exclude it, as well as disable your account, without any prior notice, at our sole discretion. To prevent this, the User shall not:
• Use third parties and/or anonymous identity;
• Disclose false information;
• Post contents containing any type of non-authorized merchandising and/or advertising material, of personal nature or for the benefit of third parties;
• Violate third parties’ industrial and intellectual property rights, by any behaviour;
• Provide any content that can be deemed as calumnious, defamatory, offensive, outrageous, racist, incitement to violence or any illegality
• Post images containing pornography, nudity, violence or of incitement to hatred or to racism;
• Post anything that can be construed as prejudiced or discriminatory by individuals or group of people, due to sex, race, color, religion, social status, age, belief, among others;
• Induce or incite Users to get involved in dangerous, risky practices or harmful to physical and psychological integrity;
• Disclose any type of personal contacts of third parties, such as: telephone numbers, residential address, e-mail;
• Perform SPAM, which means the bulk sending of messages, totally not aligned with Candowell goals;
• Disclose scripts and/or links to other websites, which may contain any illegal applications and software, which may, or not, jeopardize the User's devices; or
• Cause difficulties to the regular operation of Candowell, among other practices, which may be harmful to third parties and the Provider.
4. Intellectual Property
4.1 All the texts, images, photographs, brands, logotypes, icons, technologies, links and other audiovisual or sound contents, including the software, graphic drawings and source codes made available on Candowell, unless provided otherwise on the Platform, are exclusive property of the Provider or third parties, and are protected by the laws and international treaties, and the copy, reproduction or any other type of use thereof is not allowed, being the violators subject to the relevant civil and criminal sanctions.
5.1 The Provider, its representatives, agents and employees, shall not be responsible for:
(i) any unavailability, Candowell errors or failures, as well as any defraudation of the use the User may have attributed thereto, due to its fallibility, or any access difficulty;
(ii) errors or inconsistencies in the transmission of data or the quality or availability of Internet signal;
(iii) any products or services offered by third parties, as made available or disclosed on Candowell;
(iv) damages resulting from untrue or offensive information entered by the Users themselves onto the Platform, and the Users in this case shall be solely responsible for their interactions, pursuant to the laws in force.
(v) the relationship of the User with third parties, even if such relationship results from any contacts originated on Candowell.
5.2 The User declares she/he is aware, pursuant to the applicable laws, she/he will be solely responsible, also before third parties, for his/her use of Candowell, as well as for any content she/he enters into the social network, and releases the Provider from any liability for any damage or loss resulting from his/her use or incorrect, incomplete, untrue or copyright-violating information.
5.3 The Provider is committed to the secure use of Candowell and applies up-to-date and recognized security mechanisms against cyberattacks and data leak. However, the Provider shall not be responsible for malicious acts exclusively performed by third parties, which the Provider has no reasonable control over, even if such acts cause any damage to the Users.
6. Access Duration and Termination
6.1 Candowell is made available to the Users for undetermined term, and the Provider reserves the right to modify, suspend or terminate the access to the social network without any prior notice, and the User shall not be entitled to any compensation due to the access termination.
6.2 The Provider reserves the right (but not the obligation) to check the use of the social network by the User, in order to determine any Users using it improperly, illegally, unduly or contrary to these Terms. In case the Provider becomes aware of any violation of these Terms, the Provider may immediately exclude the User from the social network, without any prejudice to the applicable civil and criminal sanctions.
7.1 Any clause or condition hereof which is, for any reason, regarded as null, void or ineffective by any court shall not impact the validity of the other terms hereof, which shall remain fully effective and binding, generating effects to their maximum extent.
7.2 The failure by the Provider to enforce any rights or provisions of these Terms shall not constitute waiver, which can enforce its rights within the legal terms.
7.3 These Terms may be modified, any time, without any prior notice to the User, unless in case of legal obligation in this regard. Accordingly, the User is recommended to check the updating date of these Terms, as indicated at the bottom of the document, upon every new access to Candowell. In case the User does not agree with the new version of the Terms, she/he shall refrain from using Candowell.
7.4 The User may contact the Provider, any time, through e-mail firstname.lastname@example.org. The Provider may contact the User through any registration information the User may have provided.
8. Law and Jurisdiction
8.1 This legal relationship is exclusively governed by laws of the State of New York.
8.2 It is hereby agreed that the courts of the State of New York will have jurisdiction to settle any disputes, claims or litigations resulting from these Terms, with the exclusion of any others, however privileged they are.
Last Update: October of 2017, New York.