These terms and conditions, as amended from time to time,
are a legal agreement between Room Candy Games, LLC ("Company"
or "Room Candy Games") and you (the "User"). Please read
these terms and conditions, including Room Candy Games'
blogs, products, mobile applications and social games operated
by Room Candy Games (collectively the "APPLICATIONS"). In
order to use these Applications, you must read and agree
with this LICENSE (this "Agreement"). YOU MUST BE AGED 13
OR OLDER TO USE APPLICATIONS PUBLISHED BY ROOM CANDY GAMES.
If you are between 13 and 18, have your parent or guardian
read this Agreement and agree to be bound to its terms.
By using the Application, you agree as follows:
1.1 License Grant.
Room Candy Games grants
you (the "User") the non-exclusive, non-transferable, revocable,
limited right to access the Application for User's personal
entertainment use on a personal computing device. Unless otherwise
authorized, User may not use, copy, reproduce, modify, publicly
perform or display, create derivative works of, sell, auction,
loan, lease, rent, distribute, transfer or disclose all or
any part of the Application (including, without limitation,
any screenshots, videos, documentation or manuals relating
to the Application) except as provided in this Agreement.
All other rights are reserved to Room Candy Games.
1.2 License Restrictions. Unless otherwise
authorized by this Agreement or Room Candy Games in writing,
User shall not:
(a) Sublicense to, transfer, network, transmit, distribute, or permit use of the Application by, any third party;
(b) Reverse engineer, decompile, or disassemble any aspect of the Application including setting up competing networks such as shadow servers, gray shards, or pirate servers.;
(c) Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) Harm minors in any way;
(e) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
(g) Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(h) Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(i) Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(k) Interfere with or disrupt the Application or other user's use of the Application;
(l) Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Application;
(m) Monitor traffic or make search requests in order to accumulate information about individual users;
(n) "Stalk" or otherwise harass another person;
(o) Modify, delete or damage any information contained on the personal computer of any other user;
(p) Unless otherwise approved by Room Candy Games, upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(q) Use the Application in any way related to gambling or illegal lotteries or illegal sweepstakes;
(r) Harm the Application including using any program or other mechanism to slow or "crash" the network;
(s) Engage in any activity or install any software application to facilitate activity considered cheating or hacking to gain an advantage over other users as judged by Room Candy Games;
(t) Use the application to engage in any activity that is obscene or overtly sexual; or
(u) Allow usage by others in such a way as to violate this Agreement;
1.3 Indemnification. User (i) agrees to
indemnify, defend and hold harmless, and (ii) hereby releases,
Room Candy Games, its licensors, and their direct and indirect
parent, subsidiary and sister corporations, and their respective
officers, directors, employees, and agents from and against
any and all losses, liabilities, claims, obligations, costs
and/or expenses (including reasonable legal fees) which
result from, arise out of or in connection with User's use
of the Application or activities related thereto or User's
violation of this Agreement.
1.5 Term of the Agreement. The grant of license herein, may be terminated by Room Candy Games at any time, for any reason or for no reason, in Room Candy Games' sole and absolute discretion. Room Candy Games may or may not provide written, electronic or emailed notice to User regarding termination of account. User may, at any time and for any reason or for no reason, terminate this Agreement by uninstalling the Application. At termination, User shall erase all copies of the Application from User's hardware.
2.1 Room Candy Games Intellectual Property.
Except for the revocable, limited license expressly granted
hereunder, Room Candy Games retains all rights, title and
interests in and to all intellectual property rights associated
with the Application and all copies thereof, use thereof by
User, and all world content and data in connection therewith
including any information or data collected from Users. These
rights include, but are not limited to, all intellectual property
and other rights in and to User suggestions or comments, including
those that may be used in modifying the Application. The Application
is copyrighted and is protected by United States copyright
laws and international treaty provisions as well as other
laws. User acknowledges that the Application contains valuable
trade secrets of Room Candy Games, and that Room Candy Games
and/or its licensors own all intellectual property rights
in and to the Application, including, without limitation,
all patent rights, copyrights, inventions, trade secret rights,
trade dress rights, trademark rights and intellectual property
rights therein and thereto. User may not remove the copyright
and other proprietary rights notices from the Application.
User agrees that this Agreement shall be retained with all
copies of the Application and documentation constituting the
Application. User agrees to prevent any unauthorized copying
or distribution of the Application. Except for the license
as expressly provided herein, Room Candy Games does not grant
User any express or implied right in any patents, copyrights,
trademarks, or trade secret information of Room Candy Games
and/or its licensors.
2.3 Licensed Intellectual Property. Room
Candy Games, through arrangements with licensors, use the
Application to incorporate certain external intellectual
property (“Licensed Intellectual Property”)
into the Application. This Licensed Intellectual Property
shall remain the property of the licensors and any and all
intellectual property rights thereto shall remain with the
2.4 Third Party Sites. The Application
may also be hosted on or served through certain third-party
web sites. User is responsible for reading and complying
the terms of such third-party web sites.
3. Injunctive Relief.
User acknowledges and agrees that a breach or threatened
breach of any covenant contained in this Agreement would
cause irreparable injury, that money damages would be an
inadequate remedy and that Room Candy Games shall be entitled
to temporary and permanent injunctive relief, without the
posting of any bond or other security, to restrain User,
from such breach or threatened breach. Nothing in this Section
shall be construed as preventing Room Candy Games from pursuing
any and all remedies available to it, including the recovery
of money damages from User.
4. No Warranty; No Liability For Damages;
No Support; World Content and Data.
4.1 No Warranty. USER ACKNOWLEDGES THAT
THE APPLICATION MAY WELL CONTAIN ERRORS AND DEFECTS. THE
APPLICATION IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY
QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR
ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
OF THE APPLICATION IS WITH USER. SHOULD IT PROVE DEFECTIVE
FOLLOWING THE RECEIPT BY USER, USER AND NOT ROOM CANDY GAMES
ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
Without limiting the foregoing, Room Candy Games does not
ensure continuous, error-free, secure or virus-free operation
of the Application. THESE DISCLAIMERS OF WARRANTY CONSTITUTE
AN ESSENTIAL PART OF THIS AGREEMENT.
4.2 No Liability For Damages. TO THE GREATEST
EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL ROOM CANDY
GAMES, ANY PARENT, SUBSIDIARY OR OTHERWISE RELATED COMPANY,
OR EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS OF ANY OF
THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA
OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE APPLICATION EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 No Support. Room Candy Games does
not provide any guaranteed support for the Application.
However, Room Candy Games may provide an e-mail address,
certain documentation, and/or forum for User to send any
questions and/or comments regarding the Application. Room
Candy Games does not, however, make any representations
or warranties as to the accuracy of any statements or advice
provided in documentation or response to User's e-mail(s)
and/or board postings.
5. Dispute Resolution and Choice of Law.
5.1 Informal Resolution. To facilitate
the resolution of any controversy related to this Agreement
("Dispute"), you and Room Candy Games agree to first attempt
to resolve any Dispute (except those Disputes expressly
provided below) informally for at least 30 days before initiating
any arbitration or court proceeding. Informal resolution
may be completed through a customer service mechanism. If
this fails, additional informal discussions begin upon written
notice from you or Room Candy Games. Room Candy Games will
send its notice to the email address you have provided to
us and may also provide a copy to a physical address if
we have one on file. You will send your notice to Room Candy
Games, Inc., PO Box 80963, San Marino, CA 91118, attn: Legal
5.2 Binding Arbitration. If you and Room
Candy Games are unable to resolve a Dispute through informal
discussions, either you or Room Candy Games may elect to
have the Dispute (except those Disputes expressly excluded
below) finally and exclusively resolved by final binding
arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be performed under the Commercial
Arbitration Rules of the American Arbitration Association
("AAA"). Your arbitration fees and your share of arbitrator
compensation shall be governed by these AAA rules. If such
costs are determined by the arbitrator to be excessive,
Room Candy Games will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the
submission of documents, by phone or online as allowed by
the AAA rules. Except as otherwise provided in this Agreement,
you and Room Candy Games may litigate in court to compel
arbitration, stay proceeding pending arbitration, or to
confirm, modify, vacate or enter judgment on the award entered
by the arbitrator.
5.3 No Class Action. You and Room Candy
Games agree that any arbitration shall be limited to the
Dispute between Room Candy Games and you individually. To
the full extent permitted by law no arbitration or other
dispute resolution proceeding shall be joined with any other
or decided on a class-action basis.
5.4 Exceptions to Informal Discussions and Arbitration.
You and Room Candy Games agree that the following Disputes
are not subject to the above provisions concerning informal
discussions and binding arbitration: (1) any Disputes seeking
to enforce or protect, or concerning the validity of, any
of your or Room Candy Games' intellectual property rights
or Licensed Intellectual Property; (2) any Dispute related
to, or arising from, allegations of theft, piracy, invasion
of privacy, or criminal activity; and (3) any claim for
5.5 Venue. If you are a resident of the
United States, any arbitration will take place at any reasonable
location convenient for you, including using telephone and
online dispute resolution to the extent that they are available
via the AAA. For residents outside the United States, any
arbitration shall be initiated in Los Angeles, California,
United States of America. Any Dispute not subject to arbitration
(other than claims proceeding in any small claims court),
or where no election to arbitrate has been made, shall be
decided by a court of competent jurisdiction within Los
Angeles, California, United States of America, and you and
Room Candy Games agree to submit to the exclusive personal
jurisdiction and venue of such courts. Construction and
performance of this Agreement and the legal relations between
the parties hereto shall be under the law of the State of
California without regard to its conflict of laws provisions.
Each party hereby waives any claim that such venue is improper
6.1 Survival. The provisions of this Agreement,
other than Section 1.1 shall continue in full force and
effect even after termination of this Agreement.
6.2 Severability and Assignment. If any
provision of this Agreement shall be held invalid or unenforceable,
in whole or in part, such provision shall be modified to
the minimum extent necessary to make it valid and enforceable,
and the validity and enforceability of all other provisions
of this Agreement shall not be affected thereby. User shall
have no right to assign this Agreement.
6.3 Entire Agreement. This Agreement constitutes
the entire agreement between the parties hereto relating
to the subject matter hereof and supersedes all prior oral
and written and all contemporaneous oral negotiations, commitments
and understandings of the parties. Changes made by User
to this Agreement will not be effective unless set forth
in a writing describing the change and agreed to and signed
by both Room Candy Games and User. Room Candy Games reserves
the right to change the terms of this Agreement at any time
upon notice to User by e-mail or on its webpage. Such changes
by Room Candy Games shall be effective upon notice to User
and User's continued used of the Application after notice
of a change in terms by Room Candy Games shall constitute
User's acknowledgement of, and agreement to, be bound by
6.4 Virtual Currencies and virtual goods.
The Application may include an opportunity to purchase virtual,
in-game currency ("Virtual Currency") that may require you
to pay a fee using "real money" to obtain the Virtual Currency.
Virtual Currency can never be redeemed for real money, goods,
or any other item of monetary value from Room Candy Games,
LLC or any other party. You understand that you have no
right or title in the virtual in-game items or Virtual Currency.
Your purchase of Virtual Currency is final and is not refundable,
exchangeable, and transferable, except in Room Candy Games'
sole discretion. You may not purchase, sell, or exchange
Virtual Currency outside the Service. Doing so is a violation
of the Terms and may result in termination of your account
with the Application and/or legal action. Room Candy Games
retains the right to modify, manage, control and/or eliminate
Virtual Currency at its sole discretion. Prices and availability
of virtual in-game goods are subject to change without notice.
6.5 Advertising and advertisements on applications.
You acknowledge and agree that advertisements shown on Room
Candy Games' applications may include links to other websites
or resources and that Room Candy Games has no control over
any advertisements or such links to websites and/or other
resources that may be submitted by any advertiser or other
third parties. Room Candy Games is not responsible for the
availability of such third party websites or resources and
does not endorse nor responsible or liable for any content,
advertising, products, or other materials on or available
from such third party websites or resources. You acknowledge
and agree that Room Candy Games shall have no responsibility
or liability whatsoever for any damage or loss caused or
alleged to be caused by or in connection with the use of
or reliance on any content, goods or services available
on or through any such third party website or resources.
All correspondence or business dealings with, or participation
in promotions of, advertisers found on or through any advertisement,
including payment and delivery of related goods or services
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and