Effective date: May 17th, 2023
These Terms of Service (the “Terms”), our Privacy Policy available here and the Additional Terms of Service “Additional Terms” govern the relationship between you and Candlestick Tech, LLC (“Candlestick Tech,” “our,” “we” or “us”) relating in any way to your use of our Services. “Services” means our website, www.candlestick.com (the “Website”), the Candlestick app (“Candlestick” or the “App”) and any related services and content (the “Services”).
Candlestick is a rewards program where users can earn rewards by viewing advertisements and sharing their data. Candlestick will pay users cash for the collected rewards that are redeemed within Candlestick, all done within the Candlestick app.
By using our Services, you agree to be bound by these Terms and all policies and guidelines incorporated or referenced herein and by our Privacy Policy. If you don’t agree to these Terms or any other policies or guidelines and our Privacy Policy, do not use the Services.
SECTION 18 OF THESE TERMS OF SERVICE CONTAINS AN INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING AGREEMENT TO ARBITRATE, AND A CONSOLIDATED, CLASS ACTION, AND REPRESENTATIVE ACTION WAIVER, WHICH WAIVE YOUR RIGHT TO A COURT HEARING OR A TRIAL BEFORE A JUDGE OR JURY.
We may modify the Terms at any time, and in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Website or through other communications via the Services. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Website or via the Services, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Website or the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3.1 Limited License Grant. Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own personal use. You agree not to use the Services for any other purpose. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Services or the Content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Services or any Content, except as provided herein. Except as expressly permitted above, any use of any portion of the Services or Content without the prior written permission of Candlestick Tech is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
3.2 Eligibility. The Services are for your own use only, and you may not resell, lease, or provide them in any other way to anyone else. You must be of the age of majority in your jurisdiction to use our Services. Please refer to the Additional Terms for specific eligibility restrictions applicable to the Services. The Services are not directed at persons under 18 years old, and we do not knowingly collect or maintain personal information from children under 13 years of age.
You may not use our Services if you are not allowed to receive products, including services or software, from the United States, or if Services are prohibited by law in your home jurisdiction. For example, if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
4.1 Payment and Transaction Fees. See Additional Terms applicable to the specific Services in which you use.
4.2 Taxes. You will be solely responsible to pay any and all sales, use, value-added and other taxes associated with your use of Candlestick, except for taxes on our net income.
5.1 We own Candlestick; Restrictions. Except for the limited license granted above, we and our licensors retain all legal right, title and interest in and to all other elements of Candlestick, and all intellectual property rights therein (including, without limitation, all art, designs, systems, methods, information, software, “look and feel”, organization, compilation of the content, data, and all other elements of Candlestick (collectively, the “Candlestick Materials”). All Candlestick Materials are the copyrighted property of Candlestick Tech or our licensors, and all trademarks, service marks, and trade names associated with Candlestick or otherwise contained in the Candlestick Materials are proprietary to Candlestick Tech or our licensors. You agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from Candlestick.
5.2 Feedback. If you provide us with any suggestions for enhancement or feedback regarding the Services, you hereby grant us a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Services, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback.
6.1 Registration; Registration Data. Subject to your continued compliance with these Terms, you may register for one (1) account with Candlestick. If you have been previously suspended, removed, or otherwise deactivated from using the Services, you may not create or register another account to use the Services. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); and (b) maintain and promptly update the Registration Data, and any other information you provide to Candlestick. We are not responsible for any loss you suffer as a result of you not keeping your Registration Data current.
6.2 Your Account Security. Your account creation and registration will be based on the phone number you provide to us. You are responsible for maintaining the security of your account and device and to supervise use of your account. You must notify us immediately via the contact information provided below if you suspect any unauthorized use of or access to your account. You’re responsible for all activities that occur under your account, whether or not you know about them. We assume that anyone using the Services or transacting through your account is you.
Please refer to our Privacy Policy for information on how we collect, use and disclose information from you, your computer and your mobile device. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in our Privacy Policy. If you don’t agree with the Privacy Policy, then you must not use or stop using our Services.
8.1 Code of Conduct. If you engage in any of the prohibited activities listed below and in the Additional Terms, as applicable, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account.
When you access or use any Service, you agree that you will not:
The Services may include third party promotions, content or links to third-party apps, websites or resources. We provide this content and these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Your business dealings or correspondence with, or participation in promotions of, parties other than Candlestick, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. All third party content, including without limitation, any descriptions and images of, and references to, third-party products or services available in connection with the Services, promotion or coupon, or other information is provided on or through the Services for informational purposes only, and should not be construed to indicate that any such third party content is endorsed by us, nor is there any representation or warranty by us that the third party content is reliable, accurate, timely, complete, effective, or safe for your use. All third party content, including without limitation, any descriptions, images, references, features, content, specifications, products and prices of products and services and values of any coupon, offer or promotion featured through the Services are subject to change at any time without notice.
10.1 We will send notices to the email address you provide to us as part of your account set-up. As part of the Services, you may receive push notifications, text messages, alerts, emails or other types of messages directly sent to you outside or inside Services (“Messages” or “Messaging”). We will obtain your consent for marketing text and/or SMS messages separately and will provide you any necessary or required information relating to marketing text and/or SMS messages at that time. Some Messages are transactional in nature and you cannot unsubscribe from them. We are not responsible for delayed or undelivered messages due to carrier interruptions or your failure to update your contact information. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. You are responsible for keeping your email and phone number current to avoid missing notices about your account or changes to our Terms or a notice regarding termination of the Program.
You have control over the Messages settings, and can opt in or out of these Messages through the features available for each specific means of Messaging, such as through the Services or through your devices’ operating system. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@candlestick.com.
If you have any questions regarding privacy, please read our Privacy Policy
11.1 We Terminate. We may terminate your access and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. Termination of these Terms will be in addition to any other remedies we may have at law or in equity.
11.2 You Terminate. You may terminate these Terms and cancel your account at any time by accessing settings through the App, or canceling your subscriptions through the App Store or Google Play. After you cancel your account, or otherwise terminate these Terms, you will not be able to redeem any rewards or otherwise receive any refunds for any purchases that you might make on or through Candlestick.
11.3 Referral to Governmental Authority. We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of Candlestick. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using Candlestick.
11.4 Effect of Termination. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, warranty disclaimers, limitations of liability, and dispute resolution provisions. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
You agree to defend, indemnify and hold harmless Candlestick, its affiliates, officers, employees, and partners arising from or in any way related to any third party claims relating to, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services other than as expressly authorized in these Terms, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Candlestick will take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us. The following Warranty Disclaimers, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OR AVAILABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE IN THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CANDLESTICK TECH’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EXCEED THE NET AMOUNT PAID OR PAYABLE UNDER THIS AGREEMENT DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM, BUT IN NO EVENT CAN THAT AMOUNT EXCEED THE TOTAL SUM OF TEN THOUSAND DOLLARS (US$10,000).
Certain jurisdictions do not allow some of the exclusion of certain warranties and liability set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree that any claim you may have arising out of or relating to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its choice of law or conflict of law principles.
Further, you and we agree to the jurisdiction of the courts in Santa Clara County, California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services (and any non-contractual disputes/claims relating to or arising in connection with them).
If you are having a problem with a Service, You may find resolution by clicking on the “Support” or “Contact Us” link on that Service within settings or by emailing support@candlestick.com. Before initiating any arbitration or court proceeding, first contact our support team to address your issue. Most disputes can be resolved that way.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
Overview; Notice of Claim and Required Informal Dispute Resolution Process
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination, or breach thereof, or your use of the Services, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution, through first contacting Customer Support and then through the Informal Dispute Resolution Process described below. If these informal efforts do not resolve the concern or issue, as explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
If you have any concerns about, or experience any issue with, the Services, most user concerns or issues can be resolved by contacting our Customer Support team at support@candlestick.com. Before initiating the Informal Dispute Resolution Process (as described below) or any arbitration or court proceeding pursuant to this Section, you must first contact our Customer Support team to address your concerns or issues. Most disputes can be resolved that way.
If you have any concern or dispute that Customer Support cannot resolve, you agree to then try to resolve the dispute informally (the “Informal Dispute Resolution Process”) and in good faith by contacting us and providing a written notice of claim (the “Notice of Claim”) to the address provided below for Service of Process or by sending an email to legal@candlestick.com. The Notice of Claim must provide us with an individualized and detailed description of the nature and factual basis of your individual, personal claim(s), and the relief you seek, including the specific amount of any monetary relief you seek and the basis for your calculation of that relief. Your Notice of Claim may only include your individual personal claim(s) and may not be combined with a Notice of Claim for other individuals. After submitting your Notice of Claim, you then agree to meet and confer by email, telephonically, or by videoconference (such as Zoom), in good faith regarding your individual claim before taking any further action.
If any dispute related to your Notice of Claim cannot be resolved through the Informal Dispute Resolution Process within sixty (60) days of our receipt of the Notice of Claim, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction. You understand and agree that you and we are giving up the right to sue in court and the right to have a trial before a judge or jury.
Severability
This Section applies to the maximum extent permitted by applicable law. If any competent authority deems any portion of this Section illegal or unenforceable, such provision will be severed and the remainder of this Section will be given full force and effect.
If any competent authority determines that applicable law precludes the arbitration of any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy, and only that claim, cause of action, or requested remedy, will be severed from this Agreement to Arbitrate (as described below), and will be brought in a court of competent jurisdiction. If a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved by the arbitrator.
Agreement to Arbitrate; Exceptions
If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD CANDLESTICK, YOUR USE OF THE SERVICES, ANY USER CONTENT OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using the Services or delete your account for the App, stop using the App, or delete the App application from your mobile device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
This Section, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 16 above:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and
(2) claims for preliminary injunctive relief for violations of Sections 3 and 8 herein.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in Santa Clara County, California or the county where you live, or some other place we both agree on, if such claim meets all the requirements to be brought in that court.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) (including Rule 1(g) of those Rules that provides for arbitration through the submission of documents only/desk arbitration where no disclosed claims or counterclaims exceed $25,000), as modified by these Terms. The Rules are available at https://adr.org/. The arbitrator will be bound by these Terms.
To start an arbitration proceeding, use the form on AAA’s website (https://adr.org/) or call the AAA at 1-800-778-7879.
Any arbitration under this section that is required to take place in person will take place pursuant to the Rules, which provide that face-to-face proceedings be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
If your claim is for US$25,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator fees, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the Rules. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party’s claims (or counterclaims) are frivolous or the other party’s costs are unreasonable.
For non-US Users:
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of Candlestick. The European Union also operates an online dispute resolution platform which can be found at www.ec.europa.eu/consumers/odr.
Class Action and Representative Action Waiver
For disputes arising between us and you, or any other user, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CLASS-WIDE ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. NONETHELESS, IF ANY PORTION OF THIS CLASS ACTION OR REPRESENTATIVE ACTION WAIVER IS DEEMED UNENFORCEABLE OR INVALID, THE ARBITRATOR SHALL HAVE AUTHORITY TO ISSUE ANY AND ALL REMEDIES AUTHORIZED BY LAW.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Service of Process
To initiate arbitration or any legal proceeding against us, you must serve initiating documents on our registered agent at: United Agent Group Inc., 3411 Silverside Road, Tatnall Building #104, Wilmington, Delaware 19810.
Changes to this Section 18
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section, you may reject any such change by sending us written notice within 30 days of the change to: support@candlestick.com.
Survival
This Section 18 shall survive termination of these Terms.
Under California Civil Code Section 1789.3, consumers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1(916) 445-1254 or 1(800) 952-5210. We may be contacted in writing at Attn: “Legal”, 2100 Geng Road, Suite 210, Palo Alto, CA 94303.
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If any provision of the Terms is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of the Terms shall be unimpaired and shall remain in full force and effect.
If you have any questions about these Terms or the Services, please contact us at support@candlestick.com.
Eligibility.
You may use the Candlestick Services (the “Services”) only if you are 18 years or older and are not barred from using the Services under applicable law.
You may not use our Services if you are not allowed to receive products, including services or software, from the United States, for example if you are in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals. Candlestick assumes no financial or legal responsibility for actions completed through misrepresentation of age by users or such legal guardians of users.
Participation in Rewards Programs.
Candlestick has established relationships with mobile game developers, advertisers and partners (collectively, “Partners”) to provide users with a variety of ways to earn rewards (“Rewards”) for watching advertisements (“Earning Activities”). Earning Activities are made available to users based on a variety of factors, including demographic information, physical location and participation level when viewing ads with Candlestick. Candlestick and its Partners make no guarantee regarding the amount of Rewards that may be earned or available for users to earn at any time.
Receiving Rewards.
You may receive Rewards by participating in various Earning Activities, which may require you to provide information about yourself. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in our Privacy Policy. If you do not agree with the Privacy Policy, then you must stop using the Services.
Rewards are deemed successfully completed once you have fully and properly satisfied all of the requirements as specified by the Earning Activity, and that Candlestick and/or its Partners are able to verify your participation. Candlestick reserves the right to verify your identity prior to crediting or allowing redemption of any Rewards. For avoidance of doubt, Candlestick shall not be responsible for, nor obligated to grant Rewards in which (1) your account or identity is not verified, (2) participation is not validated, and/or (3) Earning Activities are not successfully completed.
Redeeming Rewards - Minimum Cash Request.
Users may only redeem accumulated Rewards by requesting a payout via the Candlestick app. No re-crediting, reversal, or refund of Rewards will be issued for any reason after such Rewards have been successfully redeemed. For avoidance of doubt, once you order and receive a Reward, you may not reverse or cancel the transaction nor return the redeemed Rewards for a refund or re-crediting of Rewards to your Account. The only way to use Rewards is to redeem them for cash in the form of US Dollars.
Requests made for cash payouts are facilitated by our third party service provider, Tilia LLC, and may take up to 48 hours to process. Such transactions are subject to any and all applicable terms and conditions set forth by that provider, including, without limitation, identity verification and assessment of applicable fees on a per transaction basis for payouts. By using the payout function of the Candlestick app, you agree to Tilia’s Terms of Service, Users must have at least $1 USD posted to their accounts in order to request a cash payout. The minimum amount to request a cash payout may be no less than $1 USD. If you do not accrue a $1 balance in your account, you will not receive any payments and the balance will expire one year from the last Earning Activity to the extent permissible by applicable law. If you plan to discontinue or cancel the app, we recommend waiting until you accrue at least a $1 balance and then discontinue usage after you receive the payout for that amount. Candlestick reserves the right to modify the minimum thresholds for redeeming rewards.
Tax Matters.
You are responsible for any and all tax liability arising from or associated with your use of the Services, including liability arising from your accrual or redemption of cash or other items. Candlestick will require you to provide necessary tax information about yourself prior to receiving payment when requesting payment greater than $300 at one time or cumulatively during a calendar year. Candlestick will file a 1099 tax form for any user who earns $600 or greater in one calendar year from Candlestick.
