CANDY.FISH TERMS OF USE

If you do not agree with this Agreement or any of its articles, you have the right to stop the use of website CANDY.FISH (further Service).

This Agreement comes into force right from the moment you submit a completed registration form. 

If you become a user of this Service, it automatically means that you have read and accepted all articles of this Agreement. 

1. TERMS AND DEFINITIONS

Service is an aggregate of resources integrated by a domain name of CANDY.FISH and used to provide interaction between Users. 

User is a legal or private person that has registered with the Service in accordance with the terms of this Agreement.

Account is login (a unique name) and password used to access personal pages of Users within the Service.

Customer is a User, who wants to receive text, audio, video, visual or advertising content created in accordance with the requirements specification within the Service. 

Contractor is a User, who completes tasks creating text, audio, video, visual and advertising content on the Service. 

2. PRINCIPAL PROVISIONS

2.1. By accepting this Agreement, the User accepts and takes on the obligation to explicitly follow all the mentioned conditions. Besides, the User has the right to abandon the use of the Service.

2.2. This Agreement and its changes come into force right from the moment they are published on the Service. Changes may be made to the Agreement at any time. Users confirm their awareness about the Agreement and acceptance of its conditions every time they re-authorize on the Service. 

2.3. The Service provides Users with access to its functionality without interruptions, except for the instances when regulatory and/or repair work is required. All types of services that currently exist, as well as their modifications and/or new services, are the subjects of this Agreement. Users understand and agree that all types of services are provided “as is” and Administration is not responsible for disruption, delays, untimely or incorrect delivery of the task, as well as unsafe storage or removal of personal information about the User.

3. RIGHTS AND OBLIGATIONS OF PARTIES

3.1. Rights and Obligations of the User:

3.1.1. The User is responsible for the messages and information he/she posts on the Website.

3.1.2. The User can provide his/her ideas about the improvement of services for consideration of the Administration.

3.1.3. Users understand and agree that the Administration has access to the content of the Website.  

3.1.4. Users shall not attempt to illegally obtain unauthorized access to any function or part of the Service, or any other network or system, connected to the Services, or any server of the Service. 

3.1.5. All users of the Service shall not create more than one Contractor account. Registration of multiple accounts by one person is prohibited, as well as passing their Service login and password to third parties. 

3.1.6. It is forbidden to pass accounts to other users. One account shall belong to one person. 

3.1.7. It is forbidden to buy and sell accounts. 

3.2. Rights and Obligations of the Administration:

3.2.1. The Administration determines procedures within the Service and has the right to demand their execution. 

3.2.2. The Administration reserves the right to amend and/or change this Agreement and its articles without special notification for the Users of the Service. 

3.2.3. The Administration reserves the right to make changes to the information published on the Service at any time.

3.2.4. The Administration reserves the right to send info messages to Users only within the boundaries of the Service use. 

3.2.5. The Administration may deprive the User of the right to use the Service if he/she violates the terms of this Agreement. 

3.2.6. The Administration has the right to block or delete the User’s account, deny access to the Service using any information, and delete any User’s content in any of the following instances:

· User’s violation of the terms of this Agreement or other documents provided by this Agreement;

· Receiving complaints from other users;

· User’s actions that cause or can cause endamagement of the business reputation of the Service.

3.2.7. The Administration has the right to make adjustments in the User’s account without warning if it considers that the User violates the terms of use of the Service. 

3.2.8. The Administration is not responsible for views, opinions or recommendations sent or posted by Users. Besides, the Administration is not responsible for content published by the Customer.

3.2.9. The Administration is not responsible for any inaccuracies, errors or omissions during registration or uploading content to the Website and cannot render accountable for any losses (including lost profit) caused by such inaccuracies, errors or omissions. 

3.2.10. By providing his/her e-mail address, the User consents to the use of this e-mail for receiving information, service, advertising, and promo notifications. 

3.2.11. The Administration has the right to advertise services at its own discretion, processing and displaying content on the corresponding pages of the Service with the right to edit it, rearrange, integrate, structure, separate, translate text content into other languages, etc.

3.2.12. The User explicitly agrees with his/her personal information to be processed by the Administration in order to exercise the rights and fulfill the obligations provided in the articles of this Agreement. Processing includes but is not limited to registration, storage, updating, collection, adaptation, use and removal of personal data. The parties are notified that the Administration is exempted from the obligation to get additional consent of the User for processing his/her personal data from the moment this Agreement is concluded.

4. LIABILITY OF PARTIES

4.1. The Administration does not participate in disputes (including judicial) between the Users of the Service and third parties. 

4.2. The Administration is not responsible for possible losses and/or loss of profit of Users (or third parties) caused by the use or inability to use the Service. 

4.3. The Contractor is responsible for the quality of provided services. 

4.4. The Administration is not responsible for the actions of Users or third parties that violate the current legislation of Ukraine. 

4.5. The Administration is not responsible for materials and information Users post within the Service. 

4.6. The Administration does not guarantee but agrees and undertakes to make possible efforts to provide continuous and flawless functioning of the Service. 

4.7. The User is responsible for quality and timely fulfilling of the obligations accepted within the Service. 

4.8. The User is responsible for all actions that are taken on his/her behalf on the Service. 

4.9. The User is responsible for the security of confidential information that is used to access the Service.

5. TERMS OF PAYMENT

5.1. The Administration has the right to introduce and change service fees at its discretion. Users of the Service will be notified about such changes in advance. 

5.2. In case of violation of the Service rules, money that the Contractor gets on his/her Balance for provision of certain service is not credited. 

5.3. Customers can top up their account balance using one of the payment methods (VISA, MasterCard, or Webmoney e-wallet).

5.4. In case of violation of the Service rules and terms, the payment the Service receives for a specific service is not refunded. If the Customer does not fully use the service he/she pays for due to the obvious fault of the Administration, his/her account shall be credited for the amount of money, corresponding to the price of this service.

6. PERSONAL DATA

6.1. All personal data are published only with the prior consent of personal data subjects that is obtained in accordance with the current legislation of Ukraine. By providing personal information on the Service, the User gives his/her unconditional consent to the Administration to process personal data in order to exercise the rights and encompass obligations implied by this Agreement. Processing includes but is not limited to registration, storage, collection, adaptation, use, updating and removal of personal data. Consequently, the Administration is released from the obligation to get extra consent from Users that is needed to process their personal data, specifically their storage, collection, updating, adaptation and use to spread subject-matter e-mails and other information related to the functioning of the Service. Personal data provided by the User are used only for internal purposes and are not passed to third parties. The User may use his/her account to request or change his/her personal information kept in the databases of the Service at any time.

7. PROJECT CANCELLATION

7.1. Cancellation by the Customer:

7.1.1. If the Customer cancels the project after he/she has paid for it, but before the work starts on this project, the Service reimburses the Customer the cost of the project that is paid by the Customer. Money will be transferred to the Customer’s Balance within 14 days (2 weeks).

7.1.2. If the Customer cancels the project that is in progress due to the dissatisfaction with its quality and gives reasons for this decision, the Service reimburses the cost of the project to the Customer. Money will be transferred to the Customer’s Balance within 14 days (2 weeks).

7.1.3. If the Customer cancels the project that is in progress due to other reasons, the cost of the project paid by the Customer is not reimbursed. 

7.2. Cancellation by the Service:

7.2.1. If the Service has to cancel the project, its cost paid by the Customer shall be reimbursed to the Customer’s Balance within 14 days (2 weeks).

7.2.2. If the Customer wants to use any finished material and copyright for this material, the cost paid for this material shall not be reimbursed.

8. MISTAKES AND MISPRINTS

8.1. The Service shall make every effort to ensure that text, audio, video, visual and advertising content does not contain any spelling or other types of errors and misprints. 

8.2. Any errors or misprints made by the Contractor in text, audio, video, visual or advertising content shall be corrected by the Contractor for free without taking over the responsibility for any expenses caused by these errors.

9. ACT OF PROVIDENCE

9.1. None of the parties is responsible for any failure or delay in the fulfillment of the obligations under this Contract, if such denial or delay is caused by anything that is beyond the reasonable control of this party.

10. OWNERSHIP AND INTELLECTUAL PROPERTY 

10.1. If the Customer provides his/her own draft of text, audio, video, visual or advertising content, the Contractor can use the Customer’s draft, written by Customer, or the one written for the Customer. In this way, the Customer confirms that he/she owns the copyright of this text or that the copyright holder allows him/her to use this material for the content that the Contractor will create for the Customer. In this case, the Customer excuses the Contractor and the Service from any claims related to copyright infringement procedures. 

10.2. If the Customer provides the Contractor with results of research or samples taken from printed media or websites of other people, the Customer shall mention whether he/she has received the permission to use this material. Thus, the Contractor is released from the possible consequences of using this content as reference material.

10.3. At the end of the project, specifically, after the Customer clicks the button “Accept order” on the order page, the Contractor and the Service provide the Customer with the copyright to text, audio, video, visual and advertising content in the form it was originally intended to be used for. (For example, text for a web page may require further copyright approval if it is later sold as a book). The Service reserves the right to use part of the work completed within the framework of this project for promotion. 

10.4. If the Customer does not click the button “Accept order” on the order page and does not make claims about the text, audio, video, visual or advertising content provided by the Contractor within 14 days after the publication of text, audio, video, visual or advertising content on the order page, such order is considered to be completed and is closed by the Administration of Service. Claims and editing requests to the current order are not accepted and may not be made by the Contractor after 14 days since the moment of the publication of text, audio, video, visual and advertising content on the order page, as well as after the Customer accepts the order. 

10.5. The Customer owns the copyright for text, audio, video, visual, and advertising content that is ordered by the Customer from the Service and written/created by the Contractor.

11. CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

11.1. The Service does not disclose information received during the task completion to third parties.

11.2. If the Customer shares the information necessary for the provision of services both for the Customer and any other third party, the Customer exempts the Service from any actions taken by the Customer or this third party as a result of eventual disclosure of the information loss. The Service is not responsible for any information that is publicly available, any information that the Service must disclose in accordance with the legislation, or any information the Service receives independently.

12. INDEMNITY

12.1. The Service disclaims all responsibility and liability for the legal consequences that may appear during publication and distribution of the materials by the Customer. 

12.2.The Service is responsible for the accuracy of text, audio, video, visual and advertising content and for the authenticity and relevance of information provided or written by the Service.

12.3. If the Service creates unique brand/product names or company slogans, the Service shall take necessary actions to guarantee that none of the trademarks or copyrights are used in the project. However, corresponding fees for their search will be levied from the Customer, if necessary.