TERMS OF USE

Thanks for accessing the Candr LLC (the “Company,” “Candr,” “we” or “us”) website and for using our app! The website and our app are collectively referred to in these Terms of Use as the “App.” Please read these Terms of Use carefully so that you understand them.

By accessing and using our App, you agree to be bound by these Terms of Use. You represent that you have the authority to agree to these Terms of Use and are at least eighteen (18) years old and of sufficient age in your jurisdiction to enter into this agreement. If you do not agree with these Terms of Use, you cannot access or use our App.

PRIVACY POLICY

Please refer to our Privacy Policy, which describes our privacy practices, including how we collect, use, and disclose your personal data.

APP FEATURES

If you wish to communicate with us, please email us at admin@candr.dating. By opening an account or otherwise providing your name, email address, and other information, you agree that we may contact you electronically or in any other manner about updates and other App-related services or to address your inquiry, as applicable. You agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices used to access the App, and you agree to accept responsibility for all activities that occur under your account or password.

RESTRICTIONS

The App is intended for use by individuals who are eighteen (18) years of age or older. If you are under eighteen (18) years of age, you may not use this App.

You will not impersonate any person or entity, or misrepresent your affiliation with any person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the App will at all times be for personal and lawful purposes, and you agree to comply with all applicable laws and regulations in your use of the App.

You further agree that:

  • you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
  • you are not on any list of individuals prohibited from conducting business with the United States;
  • you have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
  • you are not required to register as a sex offender with any state, federal, or local sex offender registry;
  • you do not have more than one account on our App; and
  • you have not previously been removed from our App, unless you have our express written permission to create a new account on our App.

You agree that you will not attempt to interrupt or otherwise interfere with the operation of our App in any way. You agree that you will not post, publish, reproduce, transmit, distribute or otherwise view, use, or exploit the App in a manner that:

  • is inconsistent with these Terms of Use;
  • could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App;
  • harasses, bullies, stalks, intimidates, assaults, defames, harms, or otherwise mistreats any person;
  • involves the posting or sharing of sexually inappropriate innuendos or images or other prohibited content, as discussed below;
  • solicits passwords or personal information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
  • solicits gifts, money, or other items of value from another user;
  • uses another user’s account; or
  • uses the App in relation to fraud, a pyramid scheme, or other similar practice.

If at any time you cease to meet the above requirements, you must immediately delete your account from the App.

PROHIBITED CONTENT

We prohibit uploading or sharing content that:

  • is likely to be deemed offensive or to harass, threaten, upset, embarrass, or alarm another person;
  • is obscene, pornographic, violent, or otherwise may offend human dignity or contains obscenities or degrading material;
  • is abusive, insulting or threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
  • you know to be false, deceptive, or misleading (e.g., ‘deepfake’ videos and photos);
  • encourages or facilitates any illegal activity including, without limitation, terrorism or inciting racial hatred;
  • is defamatory, libelous, or untrue;
  • infringes the intellectual property rights of any person or entity;
  • relates to commercial activities;
  • involves the transmission of “junk” mail or “spam”;
  • includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
  • impersonates another person or part of a group, family, organization, or country, which is false or misleading; or
  • may harm the reputation of Candr.

If you upload or share prohibited content, we may, without limitation of our other remedies, suspend or terminate your account.

You further agree that you will not:

  • use any robot, spider, scraper, or other automated data extraction tool or program to access, acquire, copy, or monitor the App;
  • use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the App, other than the search engines generally available (such as Google);
  • upload or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the App;
  • attempt to gain unauthorized access to any portion of the App, use the App for any unlawful purpose, or otherwise interfere or disrupt the App; or
  • remove or obscure any proprietary information on the App.

Evidence of use of this App for illegal purposes may be provided to law enforcement authorities.

INTELLECTUAL PROPERTY

Our App contains images, graphics, frames, logos, text, code, and other various elements that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You acknowledge that the App and any content on it is and will remain our property or the property of our licensors, if any. You agree to comply with all intellectual property laws, and you will not encumber any interest in, or assert any rights to, the App. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the App, in whole or in part.

CONTENT UPLOADED BY YOU OR ANOTHER USER

You are solely responsible and liable for the content that you upload or provide while using the App, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with such content. You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy. You understand and agree that we may monitor or review the content you upload, and we have the right to remove, delete, edit, limit, or block or prevent access to any of the content you upload or provide at any time in our sole discretion. Furthermore, you understand that you do not have any rights in relation to any content uploaded by any other user and that we have no obligation to display or review any of the content you upload or that is uploaded by any other user. You may only use the content of another user to the extent that your use is consistent with the purposes of the App.

LINKS

Our App may provide links to other third-party websites or apps. Our decision to link to a third-party website or app is not an endorsement of the content, products, or services in the third-party website or app. We do not control these third-party websites and apps and expressly disclaim any responsibility for the content, the accuracy of the information, and any products or services available on the third-party websites and apps. We have not investigated or monitored the third-party websites and apps for accuracy or completeness. The third-party websites and apps may have different privacy policies and security standards than our App.

SECURITY

We are committed to protecting our users’ personal data. We employ a range of reasonable technical, administrative, and physical safeguards for securing personal data.

While we take reasonable data protection precautions, no security measures are completely effective, and we do not guarantee the security of user data at any time. We cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. Even though there are many benefits to using our App, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the Internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions can be assured due to potentially unsecure devices and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to upload or send information via the App. We will not be liable for any breach of the security measures on the App or any loss, misuse, or alteration of information resulting therefrom.

The App can only be accessed after your username and password are accepted or access is authorized by you through your LinkedIn, Google or other designated account. This allows Candr to verify who you are and prevents unauthorized access to your data. You are responsible for:

  • properly managing and securing your username and password associated with other accounts through which you authorize access to this App;
    • selecting a long and complex password for this App, as applicable;
    • changing your password at regular intervals;
    • not sharing your password with anyone;
    • not writing down your password; and
    • logging out of the App when you finish.

    REPORTING OF INAPPROPRIATE CONTENT OR BEHAVIOR

    We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct in connection with the use of our App. We strongly encourage you to report any misconduct by other users. You can report a user directly by emailing us at admin@candr.dating.



    NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

    You acknowledge and understand that Candr does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users. You are solely responsible for your interactions with other users of our App. Notwithstanding the foregoing, Candr reserves the right to conduct, and you authorize Candr to conduct, any criminal background check or other screenings that we deem necessary at any time using available public records, and you agree that any information you provide on our App may be used for that purpose.

    Though we strive to foster and encourage a safe and respectful user experience, we are in no way responsible for the conduct of any user on or off the App. You agree to use appropriate caution in all interactions with other users, especially if you decide to communicate off the App or to meet in person.

    TERMINATION

    We may suspend or terminate your use of or access to the App if you fail to comply with these Terms of Use or for any lawful reason, at Candr’s discretion. Such suspension or termination may result in the permanent deletion of your information or other previously available content.

    INDEMNIFICATION

    You agree to indemnify, defend (subject to our right, in our sole discretion, to assume exclusive defense and control), and hold harmless Candr, its partners, consultants, officers, directors, employees, contractors, and advisors from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney’s fees), related to or arising from (i) any breach of these Terms of Use, (ii) your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by us or (iii) your access or use of the App.

    We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist our defense of such matter.

    DISPUTES

    Any dispute or claim relating in any way to your use of this App, or to any products or services sold or distributed by us, if any, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.

    To begin an arbitration proceeding, you must submit an arbitration request, including a description of your claim, to admin@candr.dating. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

    You also agree that we may bring suit in court to enjoin infringement or other misuse of our intellectual property rights.

    NOTICE OF INFRINGEMENT CLAIMS

    We reserve the right to remove infringing content from the App.

    If you believe that your work has been improperly copied and posted to the App, please contact us at admin@candr.dating. Provide your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the App and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner. Your complaint will be addressed in accordance with applicable U.S. copyright law.





    DISCLAIMER OF WARRANTIES

    USE OF THE APP IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH THE APP, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS. Candr RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR APP, WITH OR WITHOUT NOTICE TO YOU.

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CANDR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND THAT CANDR CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE APP WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. CANDR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMART PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP.

    WITHOUT LIMITING THE FOREGOING, CANDR MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE APP. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    LIMITATION OF LIABILITY

    IN NO EVENT WILL CANDR BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE APP. CANDR WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK.

    TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS WILL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.

    ASSIGNMENT

    We may assign these Terms of Use at any time, including, without limitation, to any parent, subsidiary, or any affiliated entity, or as part of the sale to, merger with, or other transfer of our association to another entity. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

    GOVERNING LAW AND VENUE

    These Terms of Use shall be governed by the laws of the State of Delaware applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. Subject to the arbitration provisions noted above, you agree that the state and federal courts located in [Delaware] shall be the sole and exclusive venue for any legal action or proceeding between Candr and you for any purpose concerning these Terms of Use. You waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action or claim you may have with respect to these Terms of Use must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.

    MISCELLANEOUS

    If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

    CHANGES

    We may, without advance notice, supplement or change these Terms of Use at any time. Any changes made to these Terms of Use will be effective as soon as we post them on the App. By accessing and using the App, you agree to be bound by these Terms of Use as posted on the App at the time of your access or use. It is your sole responsibility to review these Terms of Use each time you access or use the App so that you are aware of any changes to these Terms of Use. If any change to these Terms of Use is not acceptable to you, do not access or use the App.

    ENTIRE AGREEMENT

    These Terms of Use constitute the entire agreement between you and Candr with respect to the App, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

    These Terms of Use were last updated on November 24, 2020.