WEB SITE TERMS OF USE
(last updated May 5, 2010)




Copyright 2010, Blue Candybox. All rights reserved.

1. The content and information displayed on this web site ("Blue Candybox Information") is the property of Blue Candybox, and/or other parties. The downloading, reproduction, or retransmission of Blue Candybox Information, other than for non-commercial individual use, is strictly prohibited. Unless otherwise noted, the design of this Site, the Site as a whole, and all materials, including images, illustrations, and designs, that are part of the Site (collectively, "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by Blue Candybox, its subsidiaries and/or affiliates. The Contents of our Site are intended solely for personal, non-commercial use by the users of our Site. You may only download or copy Contents displayed on our Site for your own personal, non-commercial use, and only if such Content is owned by Blue Candybox, only so long as your copy retains any copyright and trademark notices appearing on our Site. Content, including images and photos, appearing on our Site which are owned by a third party may not be downloaded or copied without express written permission from the owner. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents on the Site.

2. Internet sites of Blue Candybox may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Blue Candybox and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Blue Candybox and/or other parties is granted to or conferred upon you.

3. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Blue Candybox representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).

4. This site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of this site ("access codes"). The content contained in such restricted areas is confidential to Blue Candybox, and is provided to you for your personal use only. We reserve the right to prohibit the use of such access codes on your behalf by third parties where we determine that such use interferes with our site's operation or results in commercial benefits for other entities to our detriment.

5. ALL Blue Candybox Information IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

6. With respect to all communications you make to Blue Candybox regarding Blue Candybox Information, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and Blue Candybox shall have no obligation to protect your communications from disclosure; (b) Blue Candybox shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Blue Candybox shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. We welcome your comments and feedback regarding our Site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions disclosed, submitted or offered to Blue Candybox using this Site or otherwise (collectively, the "Comments"), are not confidential and will become and remain Blue Candybox's property. The disclosure, submission or offer of any Comments constitutes an assignment to Blue Candybox of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material. Blue Candybox will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

7. Blue Candybox Information may contain technical inaccuracies or typographical errors. Blue Candybox reserves the right to make changes, corrections and/or improvements to Blue Candybox Information, and to the products and programs described in such information, at any time without notice. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, since the actual color you see will depend on your monitor, we can not guarantee that your monitor's display of any color will be accurate.

8. Blue Candybox Internet sites contain information on worldwide products and services for Blue Candybox, not all of which are available in every location. A reference to a Blue Candybox product or service on a Blue Candybox Internet site does not imply that such product or service is or will be available in your location.

9. If you choose to leave this Blue Candybox site via links to other non-Blue Candybox sites, including those of advertisers, Blue Candybox is not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because Blue Candybox has no control over such sites and resources, you acknowledge and agree that Blue Candybox is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

10. This is a United States web site and is subject to laws of the United States and the State of California. Blue Candybox will disclose personally identifiable information without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to Blue Candybox, visitors, employees, or property (including this site), or to others. Laws related to personally identifiable information vary by country. Please check with your local laws for your legal responsibilities.

11. If you would like to view the privacy practices that govern www.bluecandybox.com please see our internet Privacy Policy statement. If you have questions about these Web Site Terms of Use please send an e-mail to Info at bluecandybox.com. The Site shall be used for lawful purposes only. Any conduct by you that in Blue Candybox's discretion restricts or inhibits any other user from enjoying this Site will not be permitted.

DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNITY:

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS. BLUE CANDYBOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLUE CANDYBOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLUE CANDYBOX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, BLUE CANDYBOX DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. BLUE CANDYBOX DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BLUE CANDYBOX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. ALTHOUGH BLUE CANDYBOX ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. NEITHER BLUE CANDYBOX NOR ITS RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. BLUE CANDYBOX IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF BLUE CANDYBOX'S TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BLUE CANDYBOX, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND RELATED ENTITIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

These terms are effective unless and until terminated by either you or Blue Candybox. You may terminate this Agreement at any time. Blue Candybox also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Blue Candybox's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Blue Candybox, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

This agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in California. If any provision or any portion of any provision of this Agreement shall be held to be void or unenforceable, the remaining provisions of this Agreement and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.