Last updated: Feb 15, 2019
For United States residents, these TOS contain a binding arbitration clause in Article 5 and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section 4, you agree that any disputes arising between you and Room Candy Games will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.
In order to use these Services, 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 and Services, 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 and Services 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;
(u) Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Applications; or
(v) 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 and Services, 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 and usage of the Services. 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 Services 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 and Services. The Application and Services are copyrighted and trademarked; and is protected by United States copyright and trademark laws, and international treaty provisions as well as other laws. User acknowledges that the Application and Services contain 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 and Services, 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 and Services. User agrees that this Agreement shall be retained with all copies of the Application and Services, and documentation constituting the Application and Services. User agrees to prevent any unauthorized copying or distribution of the Application and Services. 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 and Services to incorporate certain external intellectual property ("Licensed Intellectual Property") into the Application and Services. This Licensed Intellectual Property shall remain the property of the licensors and any and all intellectual property rights thereto shall remain with the licensors.
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 and Services. 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 AND SERVICES 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 and Services. However, Room Candy Games may provide an email address, certain documentation, and/or forum for User to send any questions and/or comments regarding the Application and Services. 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 email(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, LLC., 2500 E. Imperial Hwy, Ste 264, Brea, CA 92821, attn: Legal Department.
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. The arbitration may be conducted in person, 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 injunctive relief.
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 or inconvenient.
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 such changes.
6.4 Virtual Currencies, virtual goods and subscriptions.
The Application and Services may include an opportunity to purchase virtual, in-game currency ("Virtual Currency") and/or upgrades and virtual goods ("Virtual Goods") that may require you to pay a fee using "real money" to obtain the Virtual Currency and/or Virtual Goods. 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. User understands that User has no right or title in the virtual in-game items or Virtual Currency.
If you wish to purchase any product or service made available through the Application and Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Subscriptions. Some features of the Application and Services may require a subscription, and access to those features are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Room Candy Games cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Room Candy Games customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Room Candy Games with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Room Candy Games to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Room Candy Games will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Your purchase of Virtual Currency, Virtual Goods, and Subscriptions are final and is not refundable, exchangeable, and transferable, except in Room Candy Games' sole discretion. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary. You may not purchase, sell, or exchange Virtual Currency outside the Application and Services. 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 and subscriptions 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 and Services may include, but not limited to 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 such advertiser.
6.6 Accounts and Login Information.
Certain features of the Application and Services may enable you to create an account or otherwise register with the Application ("Account"). You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. Room Candy Games may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.
Room Candy Games reserves the right to delete your Account if Room Candy Games observes no activity by you in relation to the Account for 60 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you. By creating an Account on our Applications, User agrees to subscribe to newsletters, marketing or promotional materials and other information Room Candy Games may send. However, User may opt out of receiving any, or all, of these communications from Room Candy Games by following the unsubscribe link or instructions provided in any email Room Candy sends.
6.7 User Generated Content. Our Application and Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Application, including its legality, reliability, and appropriateness.
By posting Content on or through the Application and Services, User represents and warrants that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Application and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Application and Services. However, by posting Content using the Application and Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Application and Services. You agree that this license includes the right for us to make your Content available to other users of the Application and Services, who may also use your Content subject to these Terms.
Room Candy Games has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Application and Services are the property of Room Candy Games or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
6.8 User Contributions. The Application and Services may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively "Contributions"). In exchange for use of the Application and Services, User hereby grants Room Candy Games a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use User’s Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute User’s Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, User hereby waives any moral rights of paternity, publication, reputation, or attribution with respect to Room Candy Games’ and other players' use and enjoyment of your Contributions in connection with the Application, Services, and related goods and services under applicable law. This grant of license to Room Candy Games, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS.
Room Candy Games, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, suggestions, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission ("Unsolicited Content"). Please do not submit any Unsolicited Content to Room Candy Games or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by Room Candy Games without compensation to you or any third party and you grant Room Candy Games a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
6.9 Entertainment purposes only. User understands that Room Candy Games’ Application and Services are meant for entertainment and parody, and should not attempt or imitate any part of the Application’s scenes in real life. In-game characters in Room Candy Games’ apps and games are fictional. Any resemblance of in-game characters to actual persons, living or dead, or actual events is purely coincidental.
If you have any questions about these TOS, please contact firstname.lastname@example.org