WEBSITE TERMS OF SERVICE

Last Updated April 26, 2018

 

Thank you (“You”) for visiting a website owned by Candy Lab, Inc. (collectively, “Candy Lab”, “we”, “us” and “our”). Candy Lab operates ARFuse and ARFuse Portal.

 

These Website Terms of Service (the “Terms”) govern the terms and conditions around Your use of any of our websites (the “Sites”), and Your use or access of any other “Virtual Environment” of ours, including but not limited to our developer portals (for example, the ARFuse Portal), application programming interfaces (APIs), download page/s, so-called sandboxes, digital certificates, tools, materials and documentation made available by us.  These Terms are effective as of the date that You register, access, or use any of the Sites or Virtual environments of ours (the “Effective Date”).

 

Before registering, accessing, or using any of the Sites or Virtual Environments, please read on. By registering, accessing, or using the Sites or Virtual Environments, You accept the terms and conditions outlined in these Terms. If You do not agree to the Terms, You may not access the Sites or Virtual Environments. If You use the Services (as defined below) on behalf of a business, You represent and warrant that You can enter into these Terms with us on behalf of that business, that You accept the terms and conditions contained herein on behalf of that business, and that You have retained a copy of these Terms.

 

Should you purchase anything, unless otherwise noted or required by law, no substitutions, exchanges or refunds are provided. In addition to these Terms concerning the general use and access of the Sites or Virtual Environments, further or specific terms and conditions or agreements may apply to Your use or to any of our Services. To the extent any of the Terms you are reading on this page are inconsistent with further or specific terms and conditions or an agreement, the terms and conditions or the agreement will control.

 

1. OUR SERVICES.

We provide online-based electronic services to individuals, businesses, and governmental authorities (the “Services”). The Services are provided in accordance with our brands’ pages and their agreements.

 

2. PRIVACY POLICY

If You are not a European Union (“EU”) data subject (“EU Subject”), You agree to the terms of our privacy policy (available at: http://candylab.wpengine.com/privacypolicy/) as it may be updated by us from time to time pursuant to its provisions.

 

If You are an EU Subject, as defined by the Regulation (EU) 2016/679 (GDPR), You agree to the terms of the Candy Lab International Privacy Policy (available at: http://candylab.wpengine.com/privacypolicy/) as it may be updated by us from time to time pursuant to its provisions.

 

You agree and acknowledge that Your data may be processed by staff operating outside the United States or the European Union who work for Us or one of Our partners, merchants or affiliated companies, or one of our third-party suppliers.

 

3. CONSENT AND ELECTRONIC COMMUNICATIONS

When and if You access any of the Website or Tools, or send any emails to our brands or their representations and representatives, You are electronically communicating with Us. Such action constitutes consent to the receipt of our electronic communications. We may e-mail You back or post notices on the Sites or Virtual Environments. Such action also confirms that all communications We provide to You electronically do satisfy legal requirements that such communications be in writing, if applicable.

 

4. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS & LICENSE GRANT

As between you and Candy Lab, the Sites or Virtual Environments and related design (including but not limited to text, content, photographs, video, audio, interfaces, graphics, and the selection and the arrangement thereof), and all intellectual property rights therein are and shall at all times remain the sole and exclusive property of Candy Lab and are protected by applicable US and international intellectual property laws and treaties. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or Virtual Environments (“Submissions”), provided by you to Candy Lab are voluntary, non-confidential, and Candy Lab will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Any use of the materials on the Sites or Virtual Environments, other than as permitted by agreement (including reproduction, modification, distribution, or republication), without prior written permission of Candy Lab, is prohibited.

 

You are granted a nonexclusive and nontransferable license to electronically access and use the Sites or Virtual Environments only in the manner described in these Terms. Unless otherwise specified, Candy Lab does not sell to you, and you do not have the right to sublicense, any Candy Lab intellectual property. You agree and acknowledge that Candy Lab has the right to change the content or technical specifications of any aspect of the Sites or Virtual Environments, including their availability, at any time, in Candy Lab’s sole discretion. Candy Lab may release subsequent versions, and You may be required to use those subsequent versions. You further agree that any such change may result in You being unable to access the Sites or Virtual Environments. Candy Lab may revoke or terminate this license at any time, without liability.

 

5. TRADEMARKS

These Terms does not include any right for you to use any trademark, service mark, trade name or any other mark of Candy Lab or any other party or licensor. You agree that if you are or represent a business, Candy Lab may list your name (including by displaying any trademarks related thereto) and identify the business relationship between the You and Candy Lab on Candy Lab’s the Sites or Virtual Environments and in other marketing and advertising collateral. No rights or licenses are granted except as expressly set forth herein.

 

6. ACCOUNT, PASSWORD, AND SECURITY

 

You may be asked to create an account or be given credentials to an account for You to access the Sites or Virtual Environments (such personal account, “Account”), which allows us to remember You, store certain identifying information (such as a password or Your email address). You are solely responsible for maintaining the confidentiality of Your password, restricting access to Your Account, and are fully responsible for all activities occurring on Your Account. You agree to notify us immediately if You notice unauthorized use of Your password, unauthorized access to Your Account, unauthorized access to Your information, or any other breach of security. You agree that we are not liable for any damages or loss arising from Your failure to comply with this section. Either You or we may close and/or suspend access to Your Account at any time. You may close Your Account by sending an e-mail to support@candylab.com.

 

7. RESTRICTIONS AND OBLIGATIONS

You may not use the Sites or Virtual Environments for any purpose other than as expressly set forth herein without Candy Lab’s prior written consent, including without limitation to access user data or information without authorization or in any manner or for any purpose that violates any law or regulation or any right of any person (including but not limited to intellectual property rights or rights of privacy or data protection). You may not submit or link to any content that violates anyone’s privacy or publicity rights. You may not use the Sites or Virtual Environments to build a product or service that is competitive with Candy Lab, any of our brands or Services, or engage in any practices that discriminate against or discourage the use of Candy Lab Services. In addition, you shall not use the Sites or Virtual Environments in connection with or to promote any applications or other products, services, or materials that constitute, promote or are used for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/ surveillance / interception/ descrambling equipment; libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution; gambling; stolen products or items used for theft; fireworks, explosives, or hazardous materials; or weapons. Without limiting the foregoing, you shall not use the Sites or Virtual Environments or Services for any illegal purpose. Except as expressly and unambiguously authorized under these Terms, you may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent such restrictions are expressly prohibited by applicable statutory law), modify or alter any part of the Sites or Virtual Environments or Services, or (ii) otherwise use the Sites or Virtual Environments or Services on behalf of any third party.   You may not use any robot, spider, or other automatic device to create accounts, and you will not take any action that imposes an unreasonable or disproportionately large load on Candy Lab’s infrastructure.

 

8. CONFIDENTIALITY

“Confidential Information” means all information related to our developer portals, including but not limited to the following: (i) any information You receive or enter via the developer portal, (ii) any developer tools and related information and materials, including without limitation API credentials as well as all access IDs and passwords, (iii) all information disclosed in writing and marked “confidential”, proprietary,” or with a substantially similar marking, (iv) all information otherwise disclosed to You and identified as confidential at the time of the disclosure, and (v) any other information that by its nature you understand or would reasonably be expected to understand to be our confidential information. You must maintain our Confidential Information in confidence and must not disclose it to third parties or use it for any purpose other than as necessary and required to develop your application as permitted herein. In the event that Confidential Information is required to be disclosed by a court, government agency, regulatory requirement, or similar disclosure requirement, you shall immediately notify Candy Lab and use reasonable efforts to obtain confidential treatment or a protection order of any disclosed Confidential Information. Your obligations hereunder shall survive the termination of these Terms. You acknowledge that monetary damages may not be a sufficient remedy for unauthorized use or disclosure of Confidential Information and that Candy Lab will be entitled (without waiving any other rights or remedies) to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction, without obligation to post any bond.


 

9. INDEMNIFICATION

You agree that Candy Lab shall have no liability whatsoever for any use you make of the Sites or Virtual Environments. You agree to indemnify and hold harmless Candy Lab from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from Your use of the Sites or Virtual Environments, or your breach of these Terms.

 

10. NO WARRANTY AND LIMITATION OF LIABILITY

THE SITES, VIRTUAL ENVIRONMENTS, AND ALL CONTENT, SOFTWARE, MATERIALS AND OTHER INFORMATION PROVIDED BY CANDY LAB OR OTHERWISE ACCESSIBLE TO YOU IN CONNECTION WITH THESE TERMS OR SERVICES, ARE PROVIDED “AS IS” AND CANDY LAB, AND THEIR RESPECTIVE AFFILIATES AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND (AND DISCLAIM ALL WARRANTIES OF ANY KIND) WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.  WITHOUT LIMITING THE FOREGOING, CANDY LAB MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CANDY LAB MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, SITES, OR VIRTUAL ENVIRONMENTS. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CANDY LAB OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (A) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITES, DEVELOPER PORTAL, CANDY LAB DEVELOPER TOOLS, OR CANDY LAB SERVICES, EVEN IF CANDY LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE, OR (B) ANY DAMAGES RELATING TO THE SITES, VIRTUAL ENVIRONMENTS, OR SERVICES, OR YOUR USE THEREOF.  YOU AGREE THAT IN NO EVENT WILL CANDY LAB’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS EXCEED FIFTY US DOLLARS ($50).

 

11. JURISDICTION AND GOVERNING LAW

These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, e.g. California as the state of incorporation, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in California, USA in all disputes arising out of or related to the use of the Sites or Virtual Environments.

 

12. ENTIRETY AND SEVERABILITY

These Terms contain the entire understanding between You and Candy Lab with respect to its subject matter, superseding all prior and contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter. If any provision of these Terms, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force.

 

13. CONSENT REPRESENTATIONS AND WARRANTIES

By using or accessing the Sites or Virtual Environments, You represent and warrant that You have read, acknowledge, and agree to be bound by these Terms. You further represent and warrant that: (i) You will comply with all applicable law regarding the transmission of any data obtained from the Sites or Virtual Environments, (ii) You will not use them for illegal purposes, and (iii) You will not interfere or disrupt networks connected to them.

 

14. PROHIBITED COUNTRIES POLICY AND FOREIGN TRADE REGULATION

The Sites or Virtual Environments, or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States or European Union embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; (c) to any prohibited person, group, or entity subject to European Union financial sanctions; and (d) to any prohibited country, person, end-user, or entity specified by US Export Laws or any other applicable law. When using the Website or Tools, You are responsible for complying with trade regulations and both foreign and domestic laws.

 

15. TERM AND TERMINATION

These Terms will commence on the Effective Date and shall continue until terminated by either party. Any termination of these Terms shall also terminate the license(s) granted hereunder. Upon termination of these Terms for any reason, You shall destroy and remove from all computers, hard drives, networks and other storage media all copies of documentation relating to the Virtual Environment, and shall so certify to Candy Lab upon request that such actions have occurred. Sections 2-5; 7; 9-13; and 16-17 shall survive termination of these Terms.

 

16. NOTICES

All notices and other communications under these Terms must be in writing and may be made by means of email or a posting on, or update to the Sites or Virtual Environments. Notices to You will be delivered to the email address provided to Candy Lab or its brand, or by posting on or update to a Site or Virtual Environment. Notices to Candy Lab or its brands can be made via email at support@candylab.com or via certified mail or overnight courier to: 200 Spectrum Center Drive, Irvine, CA  92618.

 

17. BINDING UPON SUCCESSORS AND PERMITTED ASSIGNS

These Terms shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. You may not assign these Terms or any of their rights, obligations, or privileges without Candy Lab’s prior written consent. Candy Lab may assign its rights and obligations under these Terms at any time without notice to You.