Terms and Conditions

Terms and Conditions

This Website is owned and operated by Digital First Holdings, LLC d/b/a/ Candescent (“Candescent”).  Please read these terms and conditions carefully before using this Website.  By accessing this Website and any of its pages, you are agreeing to these terms and conditions.  From time to time we may, in our sole discretion, modify or revise these terms and conditions.  We will notify you of any changes by changing the “version” or “v” date at the top right of this document. Your continued use of this Website following any such changes constitutes your acceptance of and agreement to be bound by them.

Ownership and Intellectual Property

All materials available through this Website, including software, downloads, documentation, data, images, content and other information (collectively, “Materials”), are owned by Candescent, its suppliers or licensors. The Materials are protected by United States intellectual property laws as well as by Candescent’s intellectual property rights.

We respect the intellectual property rights of third parties and have taken steps to ensure that the Materials do not infringe the intellectual property rights of any third party. If you believe that anything on this Website infringes your intellectual property rights, please provide the following information to law.notices@candescent.com:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description where the material that you claim is infringing is located on the Website;
  • Your full name, address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

It is important to note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.  

Use of Materials‍

‍You may not use the Materials other than to the extent you have been provided the right to do so. You may view, copy, and print Materials solely to the extent necessary for your own personal, internal, and non-commercial use. For clarity, you may not otherwise use, reproduce, modify, display, download, store, post, broadcast, or transmit, or distribute, license, sell, or make available to anyone else, the Materials or any part of the Materials without our prior written approval. Materials may be subject to explicit license terms separate from the terms contained here. To the extent the terms conflict, the explicit license terms control.

You may choose, or Candescent may invite you, to provide comments, suggestions, corrections, modifications, or improvements related to Candescent products or services (collectively, “Feedback”). Any Feedback you provide is done so voluntarily, and by providing us Feedback, you grant to us an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify, transmit and distribute such Feedback, and you also agree that we are free to use the Feedback and any ideas, concepts, know-how or techniques that you send to us for any purpose, without attribution or compensation to you of any kind.

Disclaimer‍

Materials are for informational purposes only and do not constitute binding specifications, warranties or representations relating to them. Candescent reserves the right to change Materials without prior notice. MATERIALS ARE PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY  REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR  IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR  PURPOSE, AND/OR NON-INFRINGEMENT, OR RELATING TO THE QUALITY, SUITABILITY, OPERABILITY,  CONDITION, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR  COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED TO ACCESS THIS WEBSITE).

‍Limitation of Liability

‍‍TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CANDESCENT SHALL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA, LOSS OF OTHER ECONOMIC ADVANTAGE OR SIMILAR DAMAGES, EVEN IF CANDESCENT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, TORT  (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ALL MATERIALS, OR THE SECURITY, OPERABILITY OR  AVAILABILITY OF THIS WEBSITE, STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY THIRD PARTY ON OR VIA THE SITE OR ANY OTHER CLAIM RELATED IN ANY WAY TO THIS WEBSITE.

‍Third Party Content

‍‍Candescent may provide hyperlinks to external internet sites maintained by others not under our control (“Third Party Sites”) and may provide third party materials. CANDESCENT ASSUMES NO RESPONSIBILITY FOR THE CONTENT OR ACCURACY OF THIRD PARTY SITES OR THIRD PARTY MATERIALS AND THE APPEARANCE OF SUCH HYPERLINKS DOES NOT CONSTITUTE ENDORSEMENT OR SPONSORSHIP OF, OR AFFILIATION WITH, THE OWNERS OF SUCH THIRD PARTY SITES OR THE INFORMATION, PRODUCTS, SERVICES, AND TRADEMARKS CONTAINED THEREIN.

‍Privacy Notice ‍

‍For information about Candescent’s privacy policy and how the personal data we collect is used, please visit the Candescent Privacy Policy.

‍Contact Information

For general questions about Candescent please submit an inquiry via our contact us form or via email to: law.notices@candescent.com
If you would like to contact the Candescent legal department, please use the address shown below.

‍
Digital First Holdings, LLC

Attn: Legal Department,
864 Spring Street NW
Atlanta, GA 30308