Terms of service

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Updated 1st April 2016

1. Who are you and what is this about?

Welcome to our world! We are Mind Candy Ltd, a family entertainment company that creates extraordinary brands with online games at their heart. Our headquarters are in London and we operate under English laws. Our company information can be found below.

When you use or sign up for our Services we ask you to agree to these Terms of Service (‘Terms’ for short). This way you know what to expect from us and what we can expect in return. So you know what you’re signing up for, we’ve put together a simple guide to our Terms in the right hand column. Only the left hand column is legally binding.

If you’re comfortable signing up to this agreement, then please join us and start playing

2. What are the Terms of Service?

Our Terms form the contract between us. They include this document, our Privacy Policy and any additional terms or policies that may apply to some or all of our Services. By using our Services, you are agreeing to these Terms. Please read them carefully.

Where additional terms or policies apply, we will bring them to your attention and they will become part of these Terms. If there are any conflicts between additional terms or policies and our Terms, then these Terms will take precedence.

3. What do I have to do to use your Services?

Depending on the Service, you may have to create an account for yourself by providing an acceptable username and a password. We may also ask you to provide other information including a valid email address, your date of birth, your gender and other relevant Personal Information. This is your “Account Information”, which you can access at any time. To find out more about the information that we collect and how we use it, please see our Privacy Policy

Account Security

Here are some commitments you make to us about registering and maintaining the security of your account:

  • You will not share your password or let anyone else access your account, or do anything else that might jeopardise the security of your account
  • You will ensure that your Account Information is complete, accurate and up to date
  • You will not create an account for anyone other than yourself or your child (or a child of whom you are legal guardian) without permission
  • If we disable your account, you will not create another one without our permission
  • You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission
  • We may remove or reclaim a username if we believe appropriate. For instance, if it is offensive or misleading

If you think that someone has unauthorised access to your password or account, please inform us immediately at [email protected].

4. I am under 13, can I use your Services?

Some of our games and services are not available for use by under 13s.

If you are under 13 years old you should only use certain Services that are designed for under 13s, such as Moshi Monsters. Please read and understand our Terms and Privacy Policy relating to those Services before you use them.

For under 13s, you will need the consent of your parent or legal guardian before you give us your Personal Information and register for our Services that are available for under 13s. When legally required to, we may also separately contact your parent or legal guardian to get consent and verification before you use our under 13 Services or provide your Personal Information to us.  If you believe we may have personal information about a child under 13 that was not provided with parental consent, please contact us at [email protected].

5. What are my rights when I use your Services?

Your copyright

You retain copyright and any other rights you already hold in your content before you submitted, posted or displayed it on or through our Services.

However, you have to grant to us a limited licence described below, so that we can make your content accessible and usable on our Services.

This is how you share your content: You grant to Mind Candy, our subsidiaries and affiliates, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use and modify the content that you submit, post or display on or through our Services, including for use on any platform or media. However, if your content is visible to other users (other than in private one to one communications), then this licence continues for an indefinite period and extends to allow us to use it for promotional purposes. Also, if you post your content in a part of our Service that includes functions where multiple users may post, correct, edit or delete items, then by submitting your content to that area, you are allowing other users to use your content in this way. Make sure that you have the necessary rights to grant us this licence for any content you submit to our Services.

One thing you should think about before posting: When you make something available e.g. on the internet, it becomes practically impossible to take down all copies of it.

If you think your intellectual property rights have been violated on our Services, please send an email to us at [email protected].

Your limited licence to use our Services

Mind Candy gives to you a personal, worldwide, royalty-free, non-transferable, non-sublicensable and non-exclusive licence to use the platform and software provided to you as part of the Services, until your account is terminated. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services provided by Mind Candy in the manner permitted by these Terms.

In some of our games, you may “earn” or “buy”: (a) virtual currency, such as Rox or other virtual treats, coins, cash, tokens, or points; or (b) virtual in-game items (together with virtual currency, “Virtual Items”). These Virtual Items are all for use only in our Services and you do not in fact “own” the Virtual Items. The amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Instead, you may “earn” or “buy” a limited licence to use the Service, including software programs that manifest themselves as these items. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your licence.  Virtual items are non-refundable and must be used or redeemed in-game within 12 months from the date of purchase, after which time it may expire.

You may not use our Services for any commercial purposes unless you have our prior written permission. You may not copy, modify, distribute, sell or lease any part of our Services or included platform or software, nor may you reverse engineer or attempt to extract the source code of that platform or software, unless laws prohibit those restrictions or you have our written permission.

You do not obtain any other right or interest in our Services or in or to Mind Candy’s assets.

6. What are your rules when I use your Services?

We want everyone to enjoy being part of our trusted community. We need everyone to commit to the following rules:

  • You must follow these Terms when you use our Services
  • You will not use our Services to do anything unlawful, misleading, malicious, or discriminatory
  • You will not bully, intimidate, or harass any user
  • You will not impersonate any person or organisation, or falsely state your affiliation with a person or organisation
  • You will not send or otherwise post unauthorised commercial communications (such as spam) on or through our Services
  • You will not collect users’ content or information, solicit login information or access an account belonging to someone else
  • Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide, such as using automated means (including harvesting bots, robots, spiders, or scrapers) without our permission
  • You will not do anything that could disable, overburden, or impair the proper working of our Services, such as a denial of service attack
  • You will not upload viruses or other malicious code
  • You will not post content that is hateful, threatening, pornographic, obscene, incites violence, contains graphic or gratuitous violence or is otherwise inappropriate
  • You will not manipulate or hack the scores or otherwise cheat. You know what we mean.
  • You will not facilitate or encourage any violations of this Terms

We may close your account and suspend or stop providing our Services to you if you do not comply with our Terms or if we are investigating suspected misconduct. Any Virtual Items will expire (without refund) when your account is terminated.

7. How do you use my Personal Information?

To customise and optimise your experience on our Services, we collect and store the Personal Information you give to Mind Candy. Please read our Privacy Policy to see how we store, use and share it and how you can control it.

8. How is my account closed?

You can stop using our Services at any time, although we will be sorry to see you go. If you wish to stop using our Services, you should follow the instructions within the relevant Service and/or by contacting [email protected]. Please see our Privacy Policy to read more about deleting your Personal Information. We may suspend or close your account, with or without giving notice to you. We may do this for these reasons:

  • If you break these Terms or are in breach of an obligation to us
  • Your account is inactive for an extended period of time
  • We discontinue our Service or part of it
  • Unexpected technical or security problems

Where we can, we will provide 1 month’s advance notice to you.

9. How is my content deleted?

You can contact us at [email protected] if you have questions about deleting your content.

We may remove any content or information you post on or via our Services if we believe that it violates our Terms or is otherwise objectionable. Certain content that you send through our Services (such as discussions in chats) may or may not be removed at the discretion of Mind Candy. This is to ensure the continuity of discussions and the contributions of the Mind Candy community. Please note that content that is deleted from our Services may remain in back-up storage for some time. Such content may also be anonymised and aggregated and used for various purposes such as research and analysis.

10. Do you serve advertisements on your Services?

We may display advertisements in our Services, some of which may be paid for by other companies. Your dealings with any advertisers, including payment or delivery of goods or services, are solely between you and that advertiser. To the fullest extent permitted by applicable law, we are not responsible for any loss or damage of any kind resulting from these dealings.

Our Services may also contain links to other sites, Apps or other resources. We are not responsible for these sites, Apps and resources – you should read the terms of service and privacy policy carefully.

11. What are Mind Candy’s rights?

Right to Modify our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.

Occasionally, we may have to:

  • interrupt our Services; if we do so, we will restore it as quickly as we can
  • make changes to certain technical specifications and product features

We may automatically download software updates on your computers and devices from time to time, in order to improve, repair or modify our Services. We will try to give you a choice as to whether or not to install the update. However, in certain circumstances (for example, where there are security risks), we may require you to install the update before you can continue using our Services.

In addition to our other rights, we may also stop providing our Services to you or add or create new limits to our Services.

If we discontinue a Service, where reasonably possible, we will give you advance notice.

Intellectual Property Rights

Branding, trade marks, service marks, logos and content (other than content that belongs to you) used in our Services belong to Mind Candy or other persons. These Terms do not grant to you the right to use them.

Using our Services does not give you ownership of any intellectual property rights in our Services, software or the content (other than content that belongs to you) that you access.

12. What about other People’s Rights, Information and Content?

We respect other people’s rights, and expect you to do the same. You will not post content or take any action on our Services that infringes or violates someone else’s rights or otherwise violates the law.

You may not use content from our Services unless you obtain permission from us / its owner or are otherwise permitted by law. Our Services display some content that is not Mind Candy’s. This content is the sole responsibility of the entity that makes it available.

If you see something that you think is an issue, and want to notify us, please send an email to us at [email protected].

13. Will you change your Terms?

We will certainly have to update our Terms in the future, for example due to ongoing improvement and other changes in our Services and changes to the laws that apply to us and you.

When we update our Terms, we will do our best to give you advance notice either by posting the change on our Services or contacting you directly. You should look at these Terms regularly. Where we believe that a change is likely to cause you material disadvantage, we will try to let you know a month in advance.

However, in some situations, such as where a change is needed to meet legal requirements, an update to our Terms may need to be effective immediately.

If you do not agree to any changes, you should discontinue your use of our Services.

If you continue to use our Services after any update is announced, you will be considered to have agreed to these changes.

14. What happens if I break these Terms?

If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our Services to you with or without notice, and you may lose your content, any virtual items and your account(s). In all such cases, our agreement will come to an end.

Sometimes we may choose to ignore it if you break one of our Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.

15. What are Mind Candy’s obligations under the law?

Where applicable laws require, we will respond to legitimate requests by authorities or court orders to disclose your information.

Mind Candy may or may not be required to monitor our users’ content or communications. We cannot guarantee that our Services are free of illegal material or other content that may be considered unacceptable.

When it comes to our attention, we will review content to determine whether it is illegal or violates our Terms, and we may remove or refuse to display it. In serious instances of abuse we may also notify the police or relevant law enforcement agency.

16. What are Mind Candy’s responsibilities when you provide your Services?

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services. Unfortunately, we cannot guarantee that our Services will never be faulty.

We provide our Services “as is”. Other than as expressly set out in these Terms, neither Mind Candy, our subsidiaries nor affiliates makes any specific promises about the Services. For example, we do not make any commitments about the content within our Services, the specific functions of our Services or their reliability, availability or ability to meet your needs.

Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

When permitted by law, we have no responsibility to pay you compensation for financial loss, indirect loss, any information which is lost or corrupted, or any loss that could not have been reasonably expected. We will not be liable to you for any losses that you may suffer if you have used our Services for business purposes.

To the extent permitted by law, the total liability of Mind Candy, our subsidiaries and affiliates for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid us to use our Services.

We recognise that in some countries, you may have legal rights as a consumer. Please note, however, that we are providing the Services under English law. If you are using the Services for a personal purpose, then nothing in these Terms limits any consumers’ legal rights which may not be waived by contract.

17. What are my responsibilities for damage if I misuse your Services?

You will ‘hold harmless’ and repay Mind Candy in relation to any claims, losses, costs and liabilities arising from any legitimate claims a third party may make because of your use or misuse of our Services.

18. I have a great idea and I want to share it with Mind Candy, what are my rights?

If you submit any ideas, suggestions, proposals, or documents to Mind Candy (together, “Contributions” for short), you agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Mind Candy is not under any obligation of confidentiality regarding those Contributions; (iii) Mind Candy may have something similar to the Contributions already in development or under consideration; (iv) Mind Candy may use or disclose (or not) such Contributions for any purpose in any way; (v) your Contributions automatically become the property of Mind Candy without any obligation of Mind Candy to you; and (vi) unless otherwise specifically agreed with us in writing, you are not entitled to any payment, compensation or reimbursement of any kind from Mind Candy under any circumstances.

19. How do I complain and how do we contact each other?

If you have a problem or complaint about our Services or its users, or just want to give us feedback, you may contact us emailing [email protected].

When we need to contact you with service announcements, administrative messages and other important information, we will use the contact information you provided (e.g. email address) or post them on our Services. You may not opt out from receiving these communications (unless you delete your account and stop using our Services).

20. What else do I need to know?

These Terms make up the entire agreement between us relating to our Services, and overrides any prior agreements. These Terms and our relationship will be governed by thelaws of England. You agree to submit to the exclusive jurisdiction of the English courts.

You accept that this agreement for our Services is personal to you and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we think, with good reason, is acting with your permission. We can transfer this agreement for our Services to another company provided this does not adversely affect your rights under the agreement.

If you wish to allow someone to have access to your account after you die or are incapacitated, you need to put in place a process for providing your account information to them. We will not provide your account information or your content to anyone, even next of kin, unless we are legally required to do so. You may want to include your account information, with instructions on how to access your content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.

Sometimes we may not be able to provide you with the Services because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by government or other competent authority, or industrial disputes. There may be other reasons too.

After these Terms come to an end, the provisions of this agreement, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our site.

No third party is entitled to enforce any term under this agreement under the Contracts (Rights of Third Parties) Act 1999.

If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

21. What does it mean?

App” or “Apps” means applications or mobile applications which you can download and run on your computer, your phone or other electronic device.

Personal Information” means any information that can be used to personally identify you, including information you give to us when you join (e.g., name, email address, physical address) and any information that we collect as you use our Services.

Service” or “Services” means the products and services provided by Mind Candy, including our games, applications, mobile applications, our websites and any other online, offline and/or mobile products and services on or via any platform or technology.

Date of Last Revision: 25 November 2013

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