Terms of Use

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF CRAPCANDY SERVICES AND INCLUDES GRANTS OF RIGHTS TO US, LIMITATIONS ON OUR LIABILITY AND, FOR CERTAIN USERS, AN AGREEMENT TO ARBITRATE DISPUTES.

Introduction

Crapcandy LLP (“Crapcandy”, “we”, “our” or “us”) is a Limited Liability Partnership firm subject only to Indian laws and jurisdiction. Crapcandy LLP operates Crapcandy, a place where people come to connect, discover, and share. Showcasing artists and their work, Crapcandy gives people access to a massive digital music, video and blogging library. The platform is built to empower all artists – from musicians and designers to writers and photographers – helping them connect with audiences, collaborators, and partners to achieve their goals. Through an open design, compelling editorial features, and analytics-based recommendations, Crapcandy fosters a creative community of people who connect around mutual affinity and inspiration for the purpose of shaping, sharing, and discovering what’s next.

Accepting the Terms of Use

The following constitutes the Crapcandy Terms of Use Agreement (“Agreement”) and is legally binding and applies to your use of Crapcandy Services and/or products (as further defined). Effective Date: This Agreement is effective from June 1, 2016. This Agreement constitutes legally binding terms and applies to such use of the Crapcandy Services regardless of the type of device used to access them ("Device") unless such services post a different terms of use or end user license agreement, in which case that agreement ("Other Terms") shall instead govern. By accessing and/or using any of the Crapcandy Services, you agree to be bound by this Agreement (or if applicable, the Other Terms), whether you are a "Visitor" (which means that you simply browse the Crapcandy Services, including, without limitation, through a mobile or other wireless Device, or otherwise use the Crapcandy Services without being registered) or you are a "Member" (which means that you have registered with Crapcandy). The term "User" refers to a Visitor or a Member. You are authorized to use the Crapcandy Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Crapcandy Services, you must indicate your acceptance of this Agreement during the registration process. Thereafter, you may create your account (your "Account"), and its associated profile(s) (each a "Profile") in accordance with the terms herein. Your continued use of the Crapcandy Services constitutes your agreement to be bound by and your acceptance of the terms and conditions posted at such time, and will be a new agreement between us applicable to such new use or transaction. It is therefore important that you review this Agreement (and any applicable Additional Terms) regularly. If you do not agree to be bound by this Agreement (or any applicable Other Terms or Additional Terms) and to abide by all Applicable Law (defined below), you are not authorized to use the applicable Crapcandy Services and should discontinue use. In some instances, both this Agreement and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Crapcandy Services or to a service or product offered via the Crapcandy Services (in each such instance, and collectively, "Additional Terms"). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Crapcandy Services' Privacy Policy which you accept by using the Crapcandy Services. To print a copy of this Terms of Use, click here. To receive copies of this Terms of Use by e-mail, click here.

Modifications to this Agreement

Crapcandy reserves the right to modify this Agreement by (1) posting a revised Agreement on the Crapcandy Website, or in another reasonable manner; and (2) providing notice to you that this Agreement has changed, generally via email sent to the email id provided by you. Modifications will not apply retroactively. You agree to promptly notify us if you change your e-mail or mailing address by updating your Profile Settings. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. If you would like to contact us for any further information or to make a complaint, please contact us at the Help Site.

AGREEMENT

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRAPCANDY IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE CRAPCANDY SERVICES; (B) THE CRAPCANDY CONTENT ON OR PROVIDED THROUGH THE CRAPCANDY SERVICES; (C) THE CONTENT OR USER CONTENT (INCLUDING THE ACCURACY AND RELIABILITY THEREOF); (D) THE THIRD PARTY CONTENT; (E) THE LINKED SERVICES; (F) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE CRAPCANDY SERVICES; (G) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED IN THE CRAPCANDY SERVICES; AND/OR (H) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM CRAPCANDY OR OTHERS VIA THE CRAPCANDY SERVICES. IN ADDITION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRAPCANDY IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USERS OF THE CRAPCANDY SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CRAPCANDY SERVICES OR LINKED SERVICES. PROFILES AND LINKED SERVICES ON, THROUGH OR IN CONNECTION WITH THE CRAPCANDY SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. CRAPCANDY IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES AND SERVICES, AND SUCH WEBSITES AND SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY CRAPCANDY. INCLUSION OF ANY LINKED WEBSITE OR SERVICE ON THE CRAPCANDY SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR SERVICE BY CRAPCANDY. WHEN YOU ACCESS THESE THIRD PARTY SITES AND SERVICES, YOU DO SO AT YOUR OWN RISK. CRAPCANDY TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE CRAPCANDY SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. CRAPCANDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CRAPCANDY SERVICES OR LINKED SERVICES. CRAPCANDY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. CRAPCANDY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE CRAPCANDY SERVICES OR LINKED SERVICES OR COMBINATION THEREOF, INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE CRAPCANDY SERVICES OR LINKED SERVICES. UNDER NO CIRCUMSTANCES SHALL CRAPCANDY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE CRAPCANDY SERVICES OR LINKED SERVICES, ATTENDANCE AT A CRAPCANDY EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE CRAPCANDY SERVICES OR LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE CRAPCANDY SERVICES, WHETHER ONLINE OR OFFLINE. THE CRAPCANDY SERVICES AND YOUR ABILITY TO ACCESS THE LINKED SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND CRAPCANDY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. CRAPCANDY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CRAPCANDY SERVICES OR LINKED SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY YOU TO THE EXTENT REQUIRED BY APPLICABLE LAW. Limitation on Liability IN NO EVENT SHALL CRAPCANDY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM: (A) YOUR USE OR INABILITY TO USE THE CRAPCANDY SERVICES (INCLUDING THE CONTENT AND CRAPCANDY CONTENT) OR LINKED SERVICES, OR THE PERFORMANCE OF THE CRAPCANDY SERVICES OR LINKED SERVICES, (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CRAPCANDY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE CRAPCANDY SERVICES, (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS, (D) ANY ERRORS OR OMISSIONS IN THE CRAPCANDY SERVICES' TECHNICAL OPERATION, OR (E) ANY DAMAGE TO A USER'S COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION, EVEN IF CRAPCANDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CRAPCANDY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CRAPCANDY FOR THE CRAPCANDY SERVICES DURING THE TERM OF MEMBERSHIP. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF CRAPCANDY WAS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE CRAPCANDY SERVICES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE SORT THAT ARE DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT REQUIRED BY APPLICABLE LAW.