Candide Gardening App
Candide General Terms and Conditions
About our terms and conditions
The general use of the Candide Platform and any content on the Candide Platform is governed by our Terms.
"Content" refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on the Candide Platform and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on the Candide Platform.
We may amend the Terms from time to time. Any new version of the Terms will be published on the Candide Platform and will become effective from the date that we first published it. It is your obligation to visit the Candide Platform on a regular basis in order to determine whether any amendments have been made. By continuing to use the Candide Platform after we published changes to the Terms, you agree to be bound by the changed Terms.
Some of the services or platforms on the Candide Platform may contain additional rules or terms from time to time, which may be relevant to specific services you use or subscribe to. By using those services, you agree to be bound by such additional rules and/or terms.
If you are under the age of 13, you must not use the Candide Platform. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use the Candide Platform.
Content on our platform and intellectual property rights
Candide owns or is entitled to use all of the Content made available on the Candide Platform.
Subject to these Terms, you may not, unless with our express consent:
reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content
decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered
incorporate the Content into any other content for whatever purpose
remove any legal notices (such as copyright, trademark or other proprietary rights notices) in or on the Content.
You will retain ownership of any original Content which you may upload, transmit or store when using the Candide Platform.
Candide will own all compilations, collective works or derivative works created by us which may incorporate your Content.
You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use your Content for the purposes of providing, promoting, developing and trying to improve the Candide Platform and our other services, including new services that we may provide in the future. We will not sell your Content to any third party
Any content you transmit or post to publicly accessible areas on the Candide Platform shall be considered non-confidential and non-proprietary. To the full extent permitted by applicable law, we shall have no obligations to you or any third party with respect to such Content.
You agree to adhere to applicable laws and our Candide AUP when posting or transmitting any Content or material to the Candide Platform.
You understand that even if you seek to delete your Content from the Candide Platform, it may as a technical and administrative matter take some time or not be possible to achieve this.
We reserve the right to block or remove your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
Responsibility for Your Content
You are solely responsible for your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display your Content, and to grant us the rights as set out in these Terms; and (ii) your Content (and our use of your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
Third Party Content
The Candide Platform includes Content and services, including advertisements, from third parties, or external links to other websites possessing their own content, or any other third party content ("Third Party Content").
You acknowledge that the Third Party Content
is beyond the control of Candide and that any reliance on any representation, statement or information contained in Third Party Content is at your risk
cannot be verified by Candide, and that Candide does not determine its accuracy or reasonableness; and
may contain representations, statements or information which does not represent the views, opinions or beliefs of Candide, its associates, directors, employees or affiliates.
Infringement of Rights
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact firstname.lastname@example.org.
Third party goods, software and Services
We do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through the Candide Platform and we will bear no responsibility for your use of or relationship with any such third parties or third party services.
If those third parties change, suspend or stop providing such services or products, we may similarly change, suspend or stop providing it to you.
When you acquire services or products from a third party through any of the Candide Platform, you understand and agree that
We are not a party to the contract between you and the third party
We are under no obligation to monitor the third party service used by you
The third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. We will not be liable to you for any reason under the contract with the third party
You will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH THE CANDIDE PLATFORM, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN OUR PLATFORM.
In order to access and use the Candide Platform you must log-in by creating a "User ID" by
registering or subscribing to use the Candide Platform, where you will create, or we will allocate you, a username, password or other log-in; or
using your Facebook or Google accounts.
Your User ID is personal to you. You
must keep your User ID confidential and not disclose it to any third party
must inform us promptly if a third party gains access to your User ID
are responsible for all payments, use of, or activity on the Candide Platform or Services under your User ID
will not do multiple log-ins simultaneously (log-in at any one point in time more than once using the same User ID)
will not circumvent our User ID authentication procedures or systems
ARE LIABLE FOR ANY DAMAGE, LOSS OR COSTS SUSTAINED BY YOU, US OR BY ANY THIRD PARTY HOWSOEVER ARISING AS A RESULT OF ANY ACTIONS BY YOU OR ANY THIRD PARTY USING YOUR USER ID.
While a User ID relating to the Candide Platform is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a User ID.
You will also not retain any entitlements to your User ID once this agreement ends.
You will sign out from your account at the end of each session.
You may, from time to time, make payments to us or third parties as part of your use of the Candide Platform. We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of services and products are subject to change at any time.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR ITEM OR PRODUCT WITHIN THE CANDIDE PLATFORM, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY SERVICES OR PRODUCTS WITHIN THE CANDIDE PLATFORM (WHETHER USED OR UNUSED).
We may process payments from you in the Candide Platform via a third party service. You agree to comply with that relevant third party's terms and conditions in relation to the payment processing service.
While we endeavour to ensure that the Candide Platform are normally available 24 hours a day, we shall not be liable if, for any reason, the Candide Platform are unavailable at any time or for any period.
Access to the Candide Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
We reserve the right to modify or discontinue the Candide Platform, or any features, at any time without notice to you.
Security and Privacy
We will be entitled, subject to applicable laws, to take whatever action we may deem necessary and reasonable to preserve the security and reliability of the Candide Platform or the Content thereon.
You may not use the Candide Platform in any manner which may compromise the security of our network or any other network connected to our network.
We take reasonable steps to secure your payment information. We use a payment system that is in our reasonable opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
Our Candide Platform is licensed, not sold, to you for use only under the terms of this license. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use a copy of the Candide Platform on a device that you own or control and to run such copy solely for your own personal purposes. You may not rent, lease, lend, sell, redistribute or sublicense the Candide Platform. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Candide Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Candide Platform).
The terms of the license will govern any updates that replace and/or supplement the original Candide Platform.
The license is effective until terminated by you or us. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term(s) of these Terms. Upon termination of the license, you shall cease all use of the Candide Platform, and destroy all copies, full or partial, of the Candide Platform. The termination of this licence will not affect your rights or remedies, or ours, for the period prior to termination, or those rights and obligations which the license intends, either expressly or by implication, to survive beyond termination.
Disclaimer and Limited Liability
YOU USE THE CANDIDE PLATFORM AT YOUR OWN RISK.
WHILE WE ENDEAVOUR TO ENSURE THAT THE INFORMATION ON THE CANDIDE PLATFORM ARE CORRECT, WE DO NOT WARRANT THE ACCURACY AND COMPLETENESS OF CONTENT ON THE CANDIDE PLATFORM OR THAT THE CONTENT AND TECHNOLOGY AVAILABLE FROM THE CANDIDE PLATFORM ARE FREE FROM ERRORS OR OMISSIONS, OR THAT IT WILL MEET YOUR INDIVIDUAL TASTES, PREFERENCES OR EXPECTATIONS.
WE MAY MAKE CHANGES TO THE CANDIDE PLATFORM OR THE CONTENT ON THE CANDIDE PLATFORM AT ANY TIME WITHOUT NOTICE. THE CONTENT ON THE CANDIDE PLATFORM MAY BE OUT OF DATE, AND IN THIS REGARD, WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE CANDIDE PLATFORM OR CONTENT PROVIDED FROM OR THROUGH THE CANDIDE PLATFORM.
THE CANDIDE PLATFORM IS SUPPLIED ON AN "AS IS" BASIS AND HAVE NOT BEEN COMPILED OR SUPPLIED TO MEET ANY USER'S INDIVIDUAL REQUIREMENTS. IT IS YOUR SOLE RESPONSIBILITY TO SATISFY YOURSELF PRIOR TO ENTERING INTO THIS AGREEMENT WITH US THAT THE SERVICES AVAILABLE ON OR THROUGH THE CANDIDE PLATFORM WILL MEET YOUR INDIVIDUAL REQUIREMENTS AND BE COMPATIBLE WITH YOUR HARDWARE AND/OR SOFTWARE.
INFORMATION, IDEAS AND OPINIONS EXPRESSED ON THE CANDIDE PLATFORM SHOULD NOT BE REGARDED AS PROFESSIONAL ADVICE OR OUR OFFICIAL OPINION AND YOU ARE ENCOURAGED TO CONSULT PROFESSIONAL ADVICE BEFORE TAKING ANY COURSE OF ACTION RELATED TO INFORMATION, IDEAS OR OPINIONS EXPRESSED ON THE CANDIDE PLATFORM.
SUBMISSIONS OF CONTENT (LIKE CONTRIBUTION TO BLOGS, COMMENTS ON ARTICLES POSTED), POSTINGS OF ANY KIND TO THE CANDIDE PLATFORM AND E-MAILS SENT TO THE CANDIDE PLATFORM ARE NOT EDITORIALLY CONTROLLED BY US AND THEREFORE WE CANNOT BE HELD LIABLE (WHETHER IN DELICT, CRIMINAL, ADMINISTRATIVE OR OTHER LAW) FOR ILLEGAL OR UNCONSTITUTIONAL CONTENT (INCLUDING, BUT NOT LIMITED TO, DEFAMATORY OR HARMFUL CONTENT).
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR OUR SERVICES, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE LESSER OF THE FOLLOWING AMOUNTS:
THE AMOUNT THAT YOU HAVE PAID DIRECTLY TO US FOR YOUR USE OF OUR SERVICES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND
100 UK POUNDS.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE IN CONNECTION WITH THIS AGREEMENT OR OUR SERVICES FOR ANY DAMAGES CAUSED BY:
ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS
ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY
IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE
YOUR USE OF OUR PLATFORM OR SERVICES IN BREACH OF THIS AGREEMENT; OR
ANY REASONS BEYOND OUR REASONABLE CONTROL, FORESEEABILITY OR PREDICTABILITY.
WE AND OUR AFFILIATE COMPANIES WILL NOT, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
These Terms will apply to your use of the Candide Platform until your access to the Candide Platform are terminated by either you or us.
We may suspend or terminate your access to your account or any or all of the Candide Platform: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of the Candide Platform creates risk for us or for other users of the Candide Platform, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use the Candide Platform for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to the Candide Platform (in whole or in part), you will immediately permanently delete all copies of our software to which the termination relates and you will immediately cease accessing and using any such software.
These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.
No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to the Candide Platform or using our services.
Candide may cede, transfer or assign its rights and obligations under the Terms to a third party without your consent.
You may not cede, transfer or assign your rights or obligations under the Terms to a third party without the written consent of Candide.
If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.
All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the relevant provisions of any applicable laws which may not be overridden or set aside by agreement are complied with.
The Terms are governed by and interpreted in accordance with the laws of England and Wales without giving effect to any principles of conflict of law, with you irrevocably consenting to the exclusive jurisdiction of the courts of England and Wales, in respect of all proceedings arising out of or pursuant to the Terms.
You agree that we may (but are not obliged to) intercept or monitor all communications sent or posted by you to the Candide Platform or our employees. You agree that the consent provided herein by you satisfies any "writing" requirement prescribed in law.
Candide Acceptable Use Policy
You must ensure that all of your Content and activities on the Candide Platform comply with all applicable laws and our terms and specifically these Acceptable Use Policy.
We do not pre-screen or monitor user generated Content, but we reserve the right to remove any Content that does not comply with our Acceptable Use Policy and to deregister and/or restrict your access to the Candide Platform if you do not comply with our Acceptable Use Policy.
You may be held legally liable for Content that you post or upload to the Candide Platform.
In this Acceptable Use Policy
Abusive Content means Content which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, hate speech, or which contains child, explicit or violent pornography, Content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights, regardless of whether such Content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
Destructive Code means any computer code which ‑
is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms");
would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code);
would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes); and
any other harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;
Misrepresentation includes (without limitation) ‑
Providing false, incomplete or inaccurate information when registering to use the Candide Platform;
actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose;
altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and
forging or otherwise manipulating origination details and data on any electronic data message and/or any other software or hardware methods used to disguise or misrepresent your own IP address;
Spam or Spamming includes (without limitation) the posting or cross-posting of unsolicited communications using the Candide Platform; imitating or impersonating another person (real or imagined) or his email address, or creating false accounts for the purpose of sending spam; sending unauthorized mail via open, third party servers, sending emails to users who requested to be removed from a mailing list; selling or exchanging the email address of any person without that person’s consent;
System Abuse means any conduct which does or may ‑
damage, impair, overburden or disable any system of any person (including us) using the Candide Platform;
interfere with any other person's use of the Internet or of the Candide Platform;
compromise or tamper with the security of our or any other person's software, hardware, systems, networks, the Candide Platform including (without limitation) Spamming and mass messaging, the use of Destructive Code, software and technologies known as "floodbots", "clonebots", "automated client", nuking and nuking tools.
You agree that, when you use the Candide Platform, you will not
do anything which violates any of our terms;
Spam using the Candide Platform;
make any Misrepresentation;
post, upload or transmit any Abusive Content;
replicate or store Abusive Content on the Candide Platform;
do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalised text, the use of inflammatory or antagonistic criticism ("flaming"), or wastefully and unnecessarily including previous communications in any postings;
violate or infringe the intellectual property rights, contractual or fiduciary rights, privacy, personality or publicity rights of another;
perform System Abuse;
propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby;
repeatedly post gratuitous off-the-topic communications;
read and act upon any communication which was not intended to be received by you or fail to delete such communication;
gather personal or commercial information including (without limitation) e-mail addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the consent of the owners of such information;
reproduce, replicate, copy, alter, modify, create derivative works of or sell or re-sell any of
our Content or services or any part thereof including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation; or
the information or data contained in the Candide Platform;
use robots, spiders, or any other device, be it automated or manual, to monitor or copy any Content from the Candide Platform;
use any of the Candide Platform for commercial purposes other than those provided for hereunder, including (without limitation), reformat and display the results of a search; mirror our home page or result pages on your website. If you want to make commercial use of the Candide Platform, you are required to enter into an agreement with us;
repeatedly or in a rapid manner transmit Content in such a manner as to have the effect of harassing a recipient;
transmit Content that you do not own or do not have the right to publish or distribute, whether under law or contract;
access any of the Candide Platform or any similar service of a third party or any network without authorisation or through hacking, password mining or any other means;
perform or encourage any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
fail to comply with applicable domestic, national or international laws, rules and regulations;
disrupt the normal flow of dialogue or negatively affect the ability of other users to engage in real time exchanges;
help any third party to do any of the above.
Chat and similar services
We may provide certain services that allow you to "chat" or contribute Content to the Candide Platform or chat rooms, discussion boards, communities and forums.
You may not use the Candide Platform for the purpose of advertising or marketing any business, product or service, unless you do so with our express prior written consent.
Any Content that you provide to the Candide Platform enters an open, public forum, and is not confidential. You should therefore be careful when deciding to share any of your personal information.
By disclosing personal information such as your name and email address on the Candide Platform, you acknowledge and understand that this information may be collected and used by other persons to communicate with you.
YOU USE THE CHAT AND SIMILAR SERVICE OR FUNCTIONS AT YOUR OWN RISK AND INDEMNIFY US AGAINST ANY LIABILITY, LOSS OR DAMAGE RESULTING FROM THE USE OF THE SERVICE.
Photo and video album service
We may provide services that enables you to upload, store, view and share access to photo and video image files.
The virtual photo or video album is not personal to you and may be readily accessible to, and searchable and distributable by other Internet users.
We also do not guarantee any intellectual property rights, which you may have in photos or albums. You will not post photo, video image or other Content or take any action on the Candide Platform that infringes or violates someone else's rights or otherwise violates the law.
We may impose restrictions from time to time on the amount of photo or video image files that you are entitled to store.
Should you become aware of a breach of our terms, we require you to notify us of such breach by e-mailing us at email@example.com.
The procedure allows for anonymous reporting.
We will require you to furnish us with a description of the alleged breach and the location thereof.
We will, subject to the relevant provisions of any applicable laws, take such action as we may deem necessary and reasonable under the circumstances.
Enforcement of Candide AUP
Should we consider you to be in breach of any of the Acceptable Use Policy, then we may, without prejudice to any other rights which we may have under the terms or in law,
remove Content which we may deem inappropriate or unsuitable for the Candide Platform without notification to you;
give you a warning;
without notice, stop or suspend your subscription to or use of any or all of our platforms and/or services;
co-operate with competent law enforcement authorities to the extent reasonably required to do so;
institute appropriate legal proceedings; and/or
comply with such obligations as may be imposed on us by law.
Content Contribution Terms
These Content Contribution Terms (“Terms”) apply between Candide Limited incorporated in England and Wales, company number 09207044, of Eighth Floor, 6 New Street Square, New Fetter Lane, London, EC4A 3AQ (“Candide” or “us“) and any contributor of copyright material to Candide (“you“).
By submitting Materials to us for publication, or by agreeing to prepare Materials for publication, you agree to be legally bound by these Terms. If you do not agree to be legally bound by all of the following terms, please do not contribute Materials to us or offer your Materials for publication.
“Materials” means any report, article or other work (whether digital or analogue, written or recorded, and including text, photographs, graphics, video or audio in any format) in which IP Rights exist in any country in the World, and covers Materials intended for publication as well as background Materials that relate directly or indirectly to Materials intended for publication.
"IP Rights" means patents, copyright and related rights, trademarks, trade names and domain names, trade dress, rights in get-up, rights in goodwill, rights to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
Unless otherwise agreed, you retain copyright and other IP Rights in your Materials. You grant to us a non-exclusive, irrevocable, transferable, sub-licensable, perpetual, royalty-free, worldwide licence to use and exploit any Materials that you submit to us (including any IP Rights) for any purpose which includes (but is not limited to):
The right to publish (and, where necessary, edit for publication), distribute, syndicate to third parties, duplicate, record, broadcast, store or transmit the Materials in all present and future media and formats, whether digital or analogue, and including print, electronic, online, telephony, mobile and tablet apps
The right to amend, adapt and create derivative works from the Materials and to duplicate, distribute and publish such amended, adapted or derivative works.
You agree that we can use an image of you in association with your Materials for purposes of publicity, promotion and any other activity related to the exercise of our rights under these Terms.
- We aim to uphold high standards of editorial independence and integrity. You agree to ensure that your conduct and the Materials that you submit are ethical, legal and proper. We reserve the right not to publish Materials, or to withdraw and delete published Materials, if we consider (or if we receive a complaint) that Materials are or could be considered to be sexist, racist, homophobic, obscene, discriminatory in any way, or likely to harass or cause distress or be disruptive. If any complaint about your Materials is made, we reserve control over the handling of any such complaint including the outcome or resolution. If appropriate, we will seek to discuss a complaint with you. You agree to assist us in responding to a complaint, and to provide all possible cooperation promptly and fully. You agree to notify us at once if you discover anything which could render your Materials problematic from a legal or regulatory perspective or potentially place you in breach of any of these Terms.
You agree to comply with all applicable laws, including in particular relating to data privacy. You also agree to ensure that the Materials:
Are your own original work and that neither the Materials, nor any exploitation or use which we might make of them, will infringe any person’s rights, including but not limited to intellectual property, privacy, performance, data privacy or any other right
Are not defamatory of any person or entity, and can be lawfully submitted by you to us and published by us as contemplated by these Terms
Do not incorporate any third party sources or third party confidential information or trade secrets (“Third Party Proprietary Material“), nor which infringe any IP Rights owned by a third party. Furthermore you shall not supply or use any such Third Party Proprietary Material in a manner that may expose us to a claim by any third party in respect of unauthorised use, reproduction, publication, modification or exploitation of such Third Party Proprietary Material.
If we have separately agreed in advance to pay you a fee for your Materials, such a fee will be a single all-inclusive fee for all the rights granted above. You acknowledge that no additional remuneration or compensation other than any expressly agreed to by Candide is or may become due to you in respect of the Materials. Regardless of whether a monetary fee has been agreed, you agree that Candide accepting your Materials for possible publication is adequate consideration for the rights granted herein.
To the maximum extent allowed by law, Candide will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties; nor for any indirect, consequential or exemplary damages.
These Terms will survive the expiry or termination of your engagement by Candide.
These Terms will not be varied except by agreement in writing signed by a director of Candide. If you do not accept these Terms, you should not submit or offer any Materials to us, nor accept a commission. Any Materials provided to us for publication are deemed to have been supplied in full knowledge and acceptance of these Terms.
We may change these Terms at any time by posting the changes online and it is your responsibility to check them every time you submit Materials for publication. Your continued or renewed provision to us of Materials after such changes are posted means you agree to be bound by these Terms as amended.
We may assign, delegate, transfer or otherwise deal with its rights and obligations under these Terms without your prior written consent.
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of them, shall be governed by and construed in accordance with the laws of England and Wales.