TERMS OF SERVICE

The following terms and conditions, which include and hereby incorporate the Privacy Policy at http://www2.candy-mobile.com/policy.htm (collectively, these “Terms of Service”) are a binding legal agreement between you and Candy Mobile Studio, its subsidiaries and affiliated companies that govern your use of (i) the website located at http://www2.candy-mobile.com (the “Site”), including any services, features and content accessible or downloadable from the Site, and (ii) any other Candy Mobile application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources ((i) and (ii) collectively, the “Service”).

1. ACCESS TO THE SOFTWARE. 

Subject to the terms and conditions of this Agreement, Company grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Software on your personal computer or mobile device, solely in machine executable object code form and solely for your own personal, non-commercial use, and not for the benefit of any third party. The Software is owned and operated by Company.  Company may change, suspend or discontinue the Software at any time, including the availability of any feature, database, or content.  Company may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability.  Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Company’s website (currently located at http://www.candy-mobile.com), or by sending you a notice via email or via the Software or postal mail.  You shall be responsible for reviewing and becoming familiar with any such modifications.  Your use of the Software following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information.  You also certify that you are legally permitted to use and access the Software and take full responsibility for the selection and use of and access to the Software.  This Agreement is void where prohibited by law, and the right to access the Software is revoked in such jurisdictions.

2. SOFTWARE CONTENT.

All materials displayed or performed on the Software (including, but not limited to text, graphics, articles, photographs, images, illustrations) are protected by copyright.  You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Software, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Software in whole or in part.

In the course of using the Software, you and other users may provide information which may be used by Company in connection with the Software and which may be visible to certain other users.  You understand that by posting information or content on the Software  or otherwise providing content, materials or information to Company or in connection with the Software (collectively, “User Submissions”), Company hereby is and shall be granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Company will only share personally identifiable information identified in the Company’s current Privacy Policy http://www2.candy-mobile.com/policy.htm in accordance with that policy.  You also hereby do and shall grant each user of the Software a non-exclusive license to access your User Submissions through the Software, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Software and under this Agreement.  Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you.  You understand that all information publicly posted or privately transmitted through the Software is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.  You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Software.  Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves.  You acknowledge that all content accessed by you using the Software is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

“Candy Mobile” and its associated logo are trademarks of Company.  All rights reserved.  All trademarks not owned by Company that appear in the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

3. YOUR WARRANTY. 

You warrant, represent and agree that you will not contribute any content or otherwise use the Software in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, dangerous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any content from the Software at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.  You, not Company, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Software, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Software and as otherwise provided herein.

Contact Us:

For all correspondence, please email us at contact@candy-mobile.com .