WEB SITE TERMS OF
(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
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
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
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
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
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
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
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
products and programs described in such information, at any time
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
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
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
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
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,
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
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
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.