Terms and Conditions of Use
The CandidCostume.com website (our "site") and its owner, AmazingFX, provide this website and its services subject to the following terms and conditions. We reserve the right to make changes to these terms at any time. Your continued use of our service constitutes your acceptance of such changes. Accordingly, you should review these terms from time to time for such changes.
1. USER CONDUCT
In your use of our service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use our service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others or personal contact information, (d) use our service in connection with the distribution of unsolicited advertisements ("Spam"), (e) use our service for any commercial purpose whatsoever or (f) assist any third party in doing any of the foregoing.
We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. However, our service is designed to allow users to post photographs of themselves for public review and comment. Accordingly, by submitting your photograph, you thereby waive any privacy expectations you have with respect to our use of your likeness provided to us. If you do not wish to have your picture viewed by others, do not use our service. We may collect certain personal information from you that we do not post on our site. We do not intentionally transfer this information to unaffiliated third parties without your consent. However, we reserve the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order or subpoena as otherwise required or permitted by law. In addition, we provide this personal information to third-party service providers who help us maintain our service and deliver information and services to you and other users of our service.
3. USER CONTENT
By submitting your photograph to our site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose. You are solely responsible for any content that you submit, post or transmit via our service. You agree not to post or submit any content that: (a) is libelous, defamatory or slanderous, (b) contains sexually explicit content (including nudity), (c) may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, (d) exploits images or the likeness of individuals under 18 years of age, (e) encourages or otherwise depicts glamorized drug use (including alcohol and cigarettes), (f) makes use of offensive language or images, or (g) characterizes violence as acceptable, glamorous or desirable. We have no obligation to post any content that you or anyone else submits. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
4. PROPRIETARY RIGHTS
You agree that all content and materials available on our site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our site. Notwithstanding the above, you may use the content and materials on our site in the course of your normal, personal, non-commercial use of our service. You agree not to systematically retrieve data or other content or any materials from our site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may, however, establish ordinary links to the homepage of our site without our written permission.
5. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our service.
6. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms, (b) your use our service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
You agree to defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our service or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
These Terms shall be interpreted in accordance with the laws of the State of California without reference to conflict of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.