These Terms of Use govern your use of our websites, mobile applications, and other related information and services provided by us (collectively the “Services”). Please read these Terms of Use carefully before using any of the Services. By using any of the Services, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, you may not use any of the Services.
Additional Terms
Some Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Service, you agree to the applicable Additional Terms. In addition, to the extent you enter or are otherwise eligible for any contest, sweepstakes or other promotion, you may be subject to separate or additional terms and conditions that govern such contest or other promotion.
Intellectual Property Notice
Images displayed on the site are either the property of, or used with permission by, Mid’s Candy. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limitation of Liability
Your use of and browsing in the site are at your risk. Neither Mid’s Candy, any of its affiliates, nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Mid’s Candy also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Mid’s Candy may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Mid’s Candy liability shall be the minimum permitted under such applicable law.
Indemnification
You agree to defend, indemnify and hold harmless Mid’s Candy and its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur arising from or relating to your (or anyone using your account’s) use of any of the Services or any violation of these Terms of Use or any applicable Additional Terms.
Terms of Use Changes
We reserve the right, at our discretion, to change these Terms of Use at any time. Please check periodically for changes. Those changes will go into effect on the Effective Date disclosed in the changed Terms of Use. The new Terms of Use will apply to all current and past users of the Services and will replace any prior Terms of Use that are inconsistent.