Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  SHRINKCANDY.com website (“SHRINKCANDY.com”) is provided by SHRINK CANDY, Inc. (“SHRINK CANDY”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by SHRINK CANDY. By using SHRINKCANDY.com, you are agreeing to these terms and conditions of use. We reserve the right to modify them at any time.  Check these terms and conditions periodically for changes. By using SHRINKCANDY.com after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use SHRINKCANDY.com. These terms and conditions do not apply to your use of unaffiliated sites to which any of SHRINKCANDY.com only links.

User Conduct

SHRINKCANDY.com and any communications service, including the capability to contribute material through the contribution form (each such submission, a “Contribution”) or other interactive service that may be available to you on or through SHRINKCANDY.com (collectively, the “Services”) are provided to you solely for entertainment purposes. By using SHRINKCANDY.com and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any other form. If any information provided by you is untrue, inaccurate, not current or incomplete, SHRINKCANDY reserves the right to terminate your subscription and refuse any and all current or future use of the Services.

Without limitation of the foregoing, you agree to not use SHRINKCANDY.com or Services to:

  • Upload, post, publish, email, reproduce, distribute or otherwise transmit any information or other materials, including any Contribution (collectively,  “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, mean, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
  • Impersonate any person or entity, including, but not limited to, a SHRINK CANDY official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Act in a manner that negatively affects other users’ ability to engage in SHRINKCANDY.com or Services;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law.

You acknowledge that SHRINK CANDY is not responsible for material submitted to SHRINK CANDY. SHRINK CANDY does not pre-screen, monitor, review or edit the Content posted by users. However, SHRINK CANDY and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in SHRINK CANDY ‘s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. SHRINK CANDY is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to SHRINK CANDY. You agree to immediately notify SHRINK CANDY of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that SHRINK CANDY may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SHRINK CANDY, its users or the public.

Any or all Content on the SHRINKCANDY.com may be purged periodically in SHRINK CANDY ‘s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information created by SHRINK CANDY or submitted to SHRINK CANDY, including Content. You further acknowledge and agree that the views expressed on the SHRINKCANDY.com do not necessarily reflect the views of SHRINK CANDY, and SHRINK CANDY does not support or endorse Content (including any Contribution, whether or not edited by SHRINK CANDY or its designee or presented on the SHRINKCANDY.com edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Restrictions on Use of Materials

The content on SHRINKCANDY.com is intended for entertainment purposes only. The contents of SHRINKCANDY.com are protected by copyright laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the SHRINKCANDY.com only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.

You are not allowed to modify, copy, publish, display, transmit, adapt or in any way exploit the content of SHRINKCANDY.com. Only if you obtain prior written consent from us — and from everyone else that has a claim to the intellectual property — may you publish, display or commercially exploit any material from SHRINKCANDY.com.

You must abide by all additional copyright notices or other restrictions contained in any of SHRINKCANDY.com.

Links

These terms and conditions apply only to SHRINKCANDY.com, and not to the sites of any other companies or organizations, including those to which any of SHRINKCANDY.com may link. We are not responsible for the availability of any other site to which any of SHRINKCANDY.com links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.

Other sites may link to any of SHRINKCANDY.com only through a plain-text link. Permission must be granted by us for any other type of link to SHRINKCANDY.com. To seek our permission, write to us at weblink@SHRINKCANDY.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any part of SHRINKCANDY.com, at our discretion at any time.

Submissions

We welcome your comments about any part of SHRINKCANDY.com. However, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. SHRINK CANDY does not wish to solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the SHRINKCANDY.com or SHRINK CANDY mail and email addresses, or in any other way. If, despite our request, you send us any creative idea, suggestion or material (“Submission”), it shall become our property. Any information or material submitted or sent to SHRINK CANDY, will be deemed not to be confidential or secret. By submitting or sending information or other material to SHRINK CANDY you represent and warrant that the information is original to you and that no other party has any rights to the material. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.

If you are submitting something to a site that has set up a submissions policy, please consult that site for its specific requirements.

User’s Grant Of Limited License

By communicating with SHRINK CANDY, including submitting or sending Content, a Contribution or other information or material to SHRINKCANDY.com, you grant SHRINK CANDY the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a SHRINK CANDY feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to SHRINK CANDY.

You also warrant that any “moral rights” in posted materials have been waived.

Disclaimers

THE SERVICES, PRODUCTS AND MATERIALS ON SHRINKCANDY.com ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN SHRINKCANDY.com WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SHRINKCANDY.com OR THE SERVER THAT MAKES SHRINKCANDY.com AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN SHRINKCANDY.com IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We do not endorse, warrant or guarantee any products or services offered on the SHRINKCANDY.com. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL SHRINK CANDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE (i) FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON SHRINKCANDY.com, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO SHRINKCANDY.com, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF SHRINKCANDY.com. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING SHRINKCANDY.com.

No Personal Advice

The information contained in or made available through SHRINKCANDY.com (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through SHRINKCANDY.com. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Parental Permission

SHRINKCANDY.com is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. We recommend parents to supervise their children’s online experience to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Jurisdictional Issues

We control and operate SHRINKCANDY.com from our offices in the United States of America. We do not represent that materials on SHRINKCANDY.com are appropriate or available for use in other locations. Persons who choose to access SHRINKCANDY.com from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Provisions unenforceable or invalid

If any part of this agreement is held invalid or unenforceable, that portion shall 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 shall remain in full force and effect.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. SHRINK CANDY may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the Florida Arbitration Association and will be arbitrated in Florida. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.

Privacy Policy

SHRINK CANDY, Inc. takes very seriously the private nature of your personal information. This Privacy Policy describes how we treat the information we collect when you visit SHRINKCANDY.com. We are committed to protecting the privacy and security of the users of our sites. Please read this notice carefully.

We may need to change this policy from time to time in order to address new issues and reflect changes on our sites. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly.

If you have any questions or concerns about our privacy policy, please send an e-mail to privacy@SHRINKCANDY.com.

Scope of Privacy Policy

This policy applies to your use of all of the sites and services owned or operated by SHRINK CANDY, Inc., and its affiliated companies. This policy does not apply to your use of unaffiliated sites to which any of SHRINKCANDY.com only link. This policy covers only information collected on SHRINKCANDY.com and does not cover any information collected offline by us.

Personal Identification Information

We may request personal identification information from you (such as your name, street address, telephone number, credit card number, e-mail address, and/or any other identifier that permits the physical or online contacting of you) in connection with your use of, or participation in SHRINKCANDY.com, our contests, sweepstakes, games, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, visitors’ requests for free products or services or additional information (including via email to us), and in connection with other activities, services or resources we make available on any of our sites. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission.

If you do provide us with personal information for any of these activities, we may use it to conduct the activity. We may also use cookie technology (discussed in detail below) to improve your experience of these activities, including to remember your preferences, customize the content and advertisements that you see or authenticate your access to your personal information.

We have the following exceptions to these policies: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change.

Please note that if you give out personal information online — for example, on one of our public forums such as a message board or chat room, folder, chat IM feature — that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

Non-Personal Identification Information

We may also request non-personally identifiable information, such as [age], also known as demographic and profile data, though this information is optional. We may use this data to improve our site and/or tailor your experience at our site, showing you content that we think you might be interested in, and displaying content according to your preferences. We may also share this information with others, such as advertisers interested in advertising in SHRINKCANDY.com, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.

Privacy of Children

We understand that young people need special safeguards and privacy protection. We realize that they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents to participate in their children’s exploration of the Internet and any online services, and to teach their children about protecting their personal information while online.

The Sites are not directed to children under the age of 13. We will not knowingly collect personally identifiable information from children under 13.

We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Security Policy

Protecting your privacy and your information is a top priority. We have taken careful measures to secure both your information and our physical premises. We exercise great care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail).

Review and Access

Upon your request, we will provide you with a summary of the information we collect about you. You will have an opportunity to correct, update or modify this information.

Consent to Transfer

The Sites are operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer.

Your Acceptance of These Terms

By using any of the Sites, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the Sites following the posting of changes to these terms will mean that you accept those changes.

Legal Disclaimer

All material provided on the SHRINKCANDY.com web site is provided for entertainment, educational or informational use only, is not necessarily created or approved by a certified mental health professional, and is not intended to be used in lieu of medical or emotional therapy for those in need of psychiatric or emotional care. We suggest you consult an appropriate health care provider or servicer in your community regarding the applicability of any opinions or recommendations with respect to your specific situation or medical condition. Links are provided solely as a service to our users, and in accordance with the Terms and Conditions.

(Last modified on September 30, 2009.)