We give you access and use of the Game and Services with the condition that you accept and comply with the Terms.
The use of the Game and Services is for your personal and non-commercial use only. Selling, renting or giving away the Game and Services are prohibited. You may not transfer or charge others the right to use the Game and Services or your Game and Services account. You shall not use the Game and Services if you were removed from using any part of the Game and Services or was banned from using the Game and Services.
You may not use any part of the Game and Services for any purpose other than the permitted use of the Game and Services. If you agree with these Terms, we grant to you a limited, non-exclusive, non-sub-licensable and non-transferable right to use the Game and Services and the versions (compiled executable and compiled non-executable) of any software or applications included in the Game and Services.
You shall provide correct data and other information necessary for using the Game and Services if such information is required. You shall inform us of any changes to such information. You become a registered user of the Game and Services by signing into the Game or Service by using the in-app or in-game registration or any applicable form on the Game or Services’ webpages. The registration can be done using your social networking credentials (e.g. Facebook login) or by creating a Game or Service account.
You shall not create a Game or Service account by using false identity and/or information, or on behalf of someone other than yourself. Aside from these Terms, you shall also comply with the terms of any social networking service, if using such third party service is needed to register into the Game or Service. You shall not create more than one account per platform to access the Game or Service.
You are solely responsible for your use of the Game and Services. You may not reveal, share or allow others to use your password, or use passwords of others. You agree that you are personally responsible for all your communication and activity in connection with the Game and Services. You are responsible for your interactions with other users of the Game and Services and any other parties with whom you may interact through the Game and Services. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by third parties including minors.
We shall have no obligation to provide support or maintenance for the Game and Services under this Agreement. We may, at our sole discretion, provide limited customer support for the Game and Services.
All upgrades and updates are provided to you on a license exchange basis. As long as your license for the Game and Services is valid, you are entitled to upgrades or updates of the Game and Services.
You agree that by using an upgrade or update, you voluntarily terminate your right to use any previous version. Upgrades and updates may be licensed to you by us with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Game and Services.
Also, for reasons that include, without limitation, system security and stability, the Game and Services may need to automatically update, pre-load, create new versions or otherwise enhance the applications included in the Game and Services.
All title, related software, media, designs (graphical and non-graphical), contents including text, scripts, interactive features and the like, trademarks, service marks, logos and any rights and interest in and to the Game and Services therein (collectively known hereinafter as "Candy Cabinets Property") are owned by or licensed to Candy Cabinets Limited, subject to New Zealand’s Copyright Act 1994 and other intellectual property rights, foreign laws and international conventions. Unless provided in the Terms, Candy Cabinets Limited does not grant any express or implied rights to use Candy Cabinets Property.
You are hereby granted a limited, non-exclusive, non-sub-licensable and non-transferable license to access and use Candy Cabinets Property only in connection to the usage of the Game and Services in accordance with these Terms. Any use of the Game and Services, and/or Candy Cabinets Property other than as authorized in the Terms, is prohibited and will terminate the license to use the Game and Services.
You acknowledge and agree that you have no ownership or other property interest in the Game and Services and you further acknowledge and agree that all rights in and to the Game and Services account and any content, including virtual materials, earned or purchased in the Game and Services are and shall be the property of and owned by Candy Cabinets Limited. You agree not to move or amend any proprietary notices or other ownership information from the Game and Services or any other part of the Game and Services or any application included in the Game and Services.
The Game and Services may contain links to websites operated by third parties or feature content which is made available by third-party services and enable you to access and use certain third-party services (e.g. achievements, posting stories, game assets or software tools). Use of any websites operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions. We assume no responsibility for such third-party services and/or content in third-party services.
You may upload captions (such as audio, video and screenshots) of the Game and Services to social media services (such as Facebook), online video services (such as YouTube), and online picture sharing services (such as Instagram) with the condition that the materials aforementioned are uploaded without editing them in a way that misrepresents the Game, the Services or Candy Cabinets Limited.
We may offer you a chance to participate in testing the Game and Services, either on open beta or closed alpha groups. Your participation into such testing events may be subject to a separate non-disclosure agreement and/or supplementary policies.
By applying to and/or participating in such testing events, you acknowledge and accept that:
We shall take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to us via the Game and Services. We use a range of technologies, including, in certain instances, encryption, to ensure the high security standards of keeping your personal data safe. Any data that is stored on our servers is not generally available to the public. However, the use of internet services always includes security risks.
You shall be liable for all your own equipment, internet connectivity and software as well as that they do not cause Candy Cabinets and/or third parties harm. You agree not attempt to reverse engineer, damage, hack, crack, or otherwise interfere with the Game and Services in any manner.
The Game and Services are provided to you "as is". To the maximum extent permitted by applicable law, except as provided above, CANDY CABINETS LIMITED MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE GAME AND SERVICES, THEIR QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE GAME AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
You agree to indemnify, defend and hold harmless Candy Cabinets Limited, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable legal fees, arising from or related to your breach of these Terms or portion hereof, or any act or omission by you relating to the Game and Services. Candy Cabinets Limited reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
You understand and acknowledge that Candy Cabinets Limited will not be liable for any network-related problems attributable to the operation of the Game and Services and that network configuration changes may affect the system’s performance.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT CANDY CABINETS LIMITED SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE GAME AND SERVICES, AS SET FORTH HEREIN, INCLUDING ANY PHYSICAL OR SOFTWARE DAMAGE TO YOUR DEVICES. THE ONLY RIGHT OR REMEDY YOU HAVE REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE GAME AND SERVICES IS TO UNINSTALL THE GAME AND SERVICES OR APPLICATIONS ASSOCIATED WITH THE GAME AND SERVICES AND TO DISCONTINUE THE USE OF ANY WEBPAGES INCLUDED IN THE GAME AND SERVICES.
CANDY CABINETS LIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME AND SERVICES, EVEN IF CANDY CABINETS LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF CANDY CABINETS IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Candy Cabinets Limited shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Candy Cabinets Limited, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Candy Cabinets Limited control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
The license to use the Game and Services granted under these Terms remains in effect until terminated by you or us.
Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete access to the Game and Services or parts thereof if you fail to comply, or if we suspect such failure, with the Terms or for any actual or suspected illegal or improper use of the Game and Services, without notice to you. You may lose, as a result of termination or limitation of your right to use the Game and Services, material, content, virtual materials such as in-app-purchases, privileges and/or items associated with your use of the Game and Services, and we are under no obligation whatsoever to compensate you for any such losses or results.
You may terminate the license at any time by uninstalling or destroying the applications relevant to the Game and Services in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Game and Services and promptly delete any applications associated with the Game and Services. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which;
You understand and agree that the cancellation of the license is your sole right and remedy with respect to any dispute related using the Game and Services.
These Terms are governed by and taken in accordance with the laws of New Zealand excluding its choice of law provision.
Last update: 11th October 2020