“Dispute” means any controversy related to these Terms, including without limitation claims arising out of or relating to any aspect of the relationship between you and Digital Confectioners, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Digital Confectioners” means Digital Confectioners Limited located 106 Manchester St, Christchurch Central, Christchurch, 8011, New Zealand. References to “Us,” “We,” or “Our” means Digital Confectioners, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Digital Confectioners does not include Digital Confectioners Affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Digital Confectioners Affiliates” means Digital Confectioners’ third-party content providers, distributors, licensees, or licensors, and “Digital Confectioners Affiliate” means any one of these.
“Intellectual Property Rights” means any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means a delivered writing by e-mail or courier delivery to the other party at their respective address, and will be effective upon receipt.
“Service” (or “Services”) means any website, game, device, platform, content, and other related products and services provided by Digital Confectioners and Digital Confectioners Affiliates, including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, videos, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Digital Confectioners game client, and Digital Confectioners game clients and server software.
“Terms of Service” (or “Terms”) means the terms and conditions in this document.
“User Content” means any and all data that you upload, transmit, or create through the Services, including without limitation character skins, buildings, forum posts, account personas, profile information, software, sound, images, skins, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.
“Virtual Goods” means digital material Digital Confectioners may make available under certain restrictions, including without limitation (a) virtual currency, such as virtual cash, tokens, points, gold, and coins for use in the Service; and (b) virtual items.
License Limitations. Any use of the Services in violation of the law, these Terms of Service, or these limitations is strictly prohibited, and may result in the immediate revocation of your limited license at Digital Confectioners’ sole judgment, or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
When you transmit or upload User Content, you agree to abide by the following rules:
In compliance with the Digital Millennium Copyright Act, and other similar or equivalent applicable laws, if Digital Confectioners is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing the following address: firstname.lastname@example.org. Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys’ fees. Notices submitted to Digital Confectioners under this provision should include:
You acknowledge that:
YOU ACKNOWLEDGE THAT DIGITAL CONFECTIONERS AND DIGITAL CONFECTIONERS AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES ARE PROVIDED BY DIGITAL CONFECTIONERS TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIGITAL CONFECTIONERS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DIGITAL CONFECTIONERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIGITAL CONFECTIONERS DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF DIGITAL CONFECTIONERS AND/OR DIGITAL CONFECTIONERS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO DIGITAL CONFECTIONERS AND/OR DIGITAL CONFECTIONERS AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID DIGITAL CONFECTIONERS OR ANY DIGITAL CONFECTIONERS AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DIGITAL CONFECTIONERS AND/OR ANY DIGITAL CONFECTIONERS AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, DIGITAL CONFECTIONERS AND DIGITAL CONFECTIONERS AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
You agree to defend, indemnify and hold harmless Digital Confectioners, Digital Confectioners Affiliates, and any third-parties under agreement with Digital Confectioners, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
Contact Information. Digital Confectioners can be reached at the following address:
Digital Confectioners Limited
106 Manchester St.
Christchurch, 8011, New Zealand
Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if Digital Confectioners, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or Digital Confectioners may request resolution by final and fully binding arbitration in terms of the Arbitration Act 1996 (New Zealand) by issuing a notice to that effect on the other party.
the parties agree to the consolidation of the arbitral proceedings on such terms as the Arbitral Tribunal shall determine, and shall sign all documents and do all other things necessary to enable the Disputes to be heard together as part of the same arbitral proceedings.