Terms & Conditions of Use

THESE TERMS OF SERVICE ARE A LEGAL AGREEMENT BETWEEN DIGITAL CHOCOLATE INC. (“DIGITAL CHOCOLATE”, “US”, “OUR, OR “WE”) AND YOU (“YOU”) REGARDING YOUR USE OF SOCIAL GAMES AND OTHER ENTERTAINMENT APPLICATIONS OWNED, CONTROLLED OR LICENSED BY DIGITAL CHOCOLATE AND THAT ARE AVAILABLE AT WWW.GAMES.DIGITALCHOCOLATE.COM OR SOCIAL NETWORKING SITE (THE “APPLICATIONS”) AND THE RELATED SERVICES (COLLECTIVELY, THE “SERVICE”). WWW.GAMES.DIGITALCHOCOLATE.COM IS REFERRED TO HEREIN AS THE “SITE.”

PLEASE READ THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY, CAREFULLY BEFORE USING ANY PART OF THE SERVICE. BY USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY AND A REQUIREMENT THAT YOU MEET SPECIFIED AGE REQUIREMENTS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICE.

Scope
Digital Chocolate makes the Service available to You subject to these terms of service (“Terms of Service. These Terms of Service include Digital Chocolate’s privacy policy (”Privacy Policy”), which is located at http://www.digitalchocolate.com/privacy-security/ and may be modified by Digital Chocolate from time to time.

Changes to These Terms of Use
Digital Chocolate reserves the right to change or modify any of these Terms of Service at any time, in its sole discretion, by posting changes on or in within the Site or the Service. Your continued use of the Service following the posting of such changes or modifications will constitute Your acceptance of such changes or modifications. If You at any point do not agree to any portion of then- current Terms of Service, Your license to use the Service shall immediate terminate and You must immediately stop using the Service.

Service Updates
The Service is an evolving one, and Digital Chocolate reserves the right to update, modify or change the content of the Service with or without prior notice for any reason, in its sole discretion. You may need to update third party software from time to time in order to receive the Service.

Account
Before accessing or using the Service you must agree to these Terms of Service. You may have to open an account for the Service (“Account”), or have an account on the applicable social networking site through which you connect to the Service. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. Your initial user name will be the local part of Your email or Your first name (if you sign in via Social Networking Site), but You may change Your user name at any time, including before it becomes visible to others.

When You access our Services, Your user name and if You sign in via Social Networking Site Your profile photo is publicly visible by other users. When you register for an Account or later access your Account, you are able to adjust settings and preferences within your Account to choose whether to share and make publicly visible other pieces of your information including Your profile photo, and the Service may display your information based on the settings and preferences you choose. We encourage you to consider carefully what information to share as part of your Account profile and elsewhere in the Service. Any information You choose to share should reflect how much you want other users of the Service to know about you. You can review and revise your Account profile information at any time.

You acknowledge that the Service is not intended for use by, or to collect personally identifiable information from, children under 13 years of age. If You use the Service, You hereby represent, warrant and covenant that You are at least 13 years of age. Furthermore, if You are between the ages of 13 and 17, or are otherwise considered a minor in Your jurisdiction, You represent and warrant that Your legal guardian has reviewed and agreed to these Terms of Service.

You agree to promptly notify Digital Chocolate of any unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to use of the Service under Your Account. In addition, You agree to exit from Your Account at the end of each session. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. We will not be liable for any loss that you may incur as a result of someone else using Your password or account, either with or without your knowledge.

You acknowledge and agree that all rights in and to an Account are shall be owned by Digital Chocolate. Digital Chocolate reserves the right to terminate any Digital Chocolate Account at any time in accordance with these Terms of Service and typically will terminate any Account that has been inactive for 180 days or more.

Access to the Service; Limited License
Subject to Your acceptance these Terms of Service, You are granted a nonexclusive, revocable, limited, non-transferable and non-sublicensable license to use the Service solely for personal, non-commercial entertainment purposes (“License”).

You acknowledge and agree that Your License does not include: (a) any resale or commercial use of the Service; (b) the distribution, public performance or public display of the Service, (c) modification, revision, creation of derivative works from or otherwise making any derivative uses of the Service or any information or content therein; (d) decompilation, reverse engineering or otherwise attempting to derive the source code for the Service (except to the extent applicable laws specifically prohibit restriction of such activities); or (e) any use of the Service other than for its intended purpose as expressly stated in these Terms of Service.
Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property or other proprietary rights, whether by estoppel, implication or otherwise.

Your use of and access to the Service is subject to all applicable local, state, national and international laws and regulations, and You agree not to violate such laws and regulations in Your use of and access to the Service. In addition, You agree that: (a) You will not interfere with another user’s use and enjoyment of the Service; (b) You will not interfere with or disrupt the Site’s security measures; (c) You will not interfere with or disrupt networks connected to the Site and will comply with all regulations, policies and procedures of such networks; and (d) You will comply with United States and other applicable laws regarding the transmission of technical data exported from the United States with respect to or relating to any of Your dealings with the Service. You also agree to defend, indemnify and hold harmless Digital Chocolate, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors from any loss, liability, damages and expenses (including without limitation reasonable attorneys’ fees) resulting from any claim or demand made by any third party arising out of or in connection with Your use of the Service , any User Content (defined below), Your violation of these Terms of Service, or Your violation of the rights of any third party.

Any use of the Service other than as specifically authorized herein, without the prior written permission of Digital Chocolate, is strictly prohibited and will terminate the License granted herein, and may subject You to liability for violations of law.

Suspension and Termination of Account and Services
You have the right to cancel Your Account or stop using the Service or any part of thereof at any time. If you do not agree to these Terms of Service, Your sole remedy is not to use the Service, and to cancel Your Account. You understand that agree that the cancellation of Your Account is Your sole and exclusive remedy with respect to any dispute with Digital Chocolate.

Digital Chocolate reserves the right to stop offering and/or supporting the Service or any part thereof at any time either permanently or temporarily. In such event Your License to use the Service or a part thereof will be automatically terminated or suspended.

Digital Chocolate may also terminate Your access to Services and terminate Your Account with or without notice to You, if Digital Chocolate (in its sole discretion) deems that You have violated these Terms of Service or have otherwise caused or may cause damage to any third party.

YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOUR ACCOUNT IS TERMINATED, YOU WILL NO LONGER HAVE THE RIGHT TO USE YOUR USER NAME AND WILL FORFEIT ANY BENEFITS, INCLUDING WITHOUT LIMITATION ANY EARNED OR PURCHASED VIRTUAL ITEMS (DEFINED BELOW), AND DIGITAL CHOCOLATE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.

Fees and Payment
The Service may include games and/or applications where You will have an option to buy or purchase (i) ‘coins’ or other online currency (“Virtual Currency”); or (ii) a variety of virtual in-game items (“Virtual Goods”) that can be used to enhance Your gaming experience ( Virtual Currency and Virtual Goods collectively, “Virtual Items”).

You acknowledge that You do not in fact “own” the Virtual Items and You only will have a limited license to use such Virtual Items in the Service. No Virtual Item or any part thereof refers to or has any real world currency value.

You may be required to pay a fee with real word currency in order to obtain Virtual Items by using payment methods disclosed on the Site.

You agree to pay all fees and applicable taxes incurred by You or anyone using the Services under your Account.

Digital Chocolate shall have no liability for hacking or loss of Virtual Items from your Account, however Digital Chocolate will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. Digital Chocolate has no obligation or responsibility to and will not reimburse You for any Virtual Items lost due to Your violations of these Terms of Service. Digital Chocolate reserves the right, without prior notification, to limit the order quantity on any Virtual Items and/or to refuse to provide You with any Virtual Items. Verification of certain information applicable to a transaction involving a Virtual Items may be required prior to our acceptance thereof. Digital Chocolate may revise the pricing for the Service including for the Virtual Items offered through the Service at any time for any reason.

YOU ACKNOWLEDGE THAT DIGITAL CHOCOLATE IS NOT REQUIRED TO REFUND THE FEES OR YOUR PURCHASES FOR ANY REASON, AND YOUR PURCHASE OF VIRTUAL ITEMS IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE (EXCEPT WHERE EXPRESSLY SPECIFIED OTHERWISE WITHIN THE SERVICE) INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOU ACCOUNT FOR ANY REASON, TERMINATION OF THESE TERMS AND CONDITIONS, AND/OR THE DISCONTINUATION OF THE SERVICE. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL ITEMS AND YOU RECEIVE ONLY A LIMITED RIGHT TO USE THE VIRTUAL ITEMS AS DESCRIBED IN THESE TERMS OF SERVICE. ALL VIRTUAL ITEMS ARE FORTFEITED IF YOUR ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, IN DIGITAL CHOCOLATE’S SOLE AND ABSOLUTE DISCRETION, OR IF DIGITAL CHOCOLATE DISCONTINUES PROVIDING THE SERVICE.

Ownership
All right, title and interest in and to the Service and all Applications and other materials contained therein, including without limitation all copyright, trademark, patent and other intellectual property rights therein, shall be and remain solely with Digital Chocolate or its licensors. Digital Chocolate and digitachocolate.com logos and all Application titles are trademarks of Digital Chocolate or its licensors and may not be used without express written permission of Digital Chocolate.

You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any Virtual Items.

You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein.

All comments, feedback, suggestions, ideas, and other submissions (”Ideas”) disclosed, submitted, or offered to Digital Chocolate in connection with the use of the Service shall be the exclusive property of Digital Chocolate. Digital Chocolate may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.

Conduct Requirements
The Service may include features or functionality that may be used to communicate with other users of the Service or to otherwise post or transmit information or content (the “User Content”). For example, the Service may allow You to send email messages or other communications to other users, or to post information to the sites of the Service. You agree to use the Service in accordance with the following conduct requirements:

  • You may not transmit or post User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or racially or ethnically or otherwise objectionable.
  • You may not transmit or post User Content that would constitute, encourage or provide instructions for a criminal offense, violate any party’s rights, or that would otherwise create liability or violate any law or regulation in any jurisdiction worldwide.
  • You may not transmit or post User Content that may breach any contractual or fiduciary relationship or that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party.
  • You may not impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity.
  • You will comply with all applicable laws regarding the transmission of technical data exported from, or imported into, the United States or the country in which you reside.
  • You may not forge message headers or otherwise disguise, or attempt to disguise, the existence, source or destination of any User Content that you transmit or post.
  • You may not engage in unsolicited promotions, political campaigning, advertising or solicitations.
  • You may not transmit or post private information of any third party, including, without limitation, addresses, telephone numbers, credit card numbers, email addresses and any unique identifier such as a Social Security number.
  • You may not transmit or post any viruses, corrupted data or other files.
  • You may not transmit or post any User Content that, in the sole judgment of Digital Chocolate, is objectionable or which restricts or inhibits any other person from using or enjoying the Services or any related features or services.
  • You may not transmit, post or otherwise cause, instigate or assist in the distribution of spam.

Digital Chocolate takes no responsibility and assumes no liability for any User Content transmitted or posted by You or any third party, or for any loss thereof or damage thereto. Digital Chocolate is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. Your use of the Service and the Applications and any related features or services is at Your own risk. As a provider of interactive services, Digital Chocolate is not liable for any statements, representations, information or content provided by its users in any public forum, personal home page or other location.
Although Digital Chocolate has no obligation to screen, edit or monitor any information or content transmitted or posted by Service or web site users, Digital Chocolate reserves the right, and has absolute discretion, to remove, screen or edit any information or content transmitted or posted on or through the Service and its web sites and any related features or services at any time and for any reason without notice.

You are solely responsible for creating backup copies of and replacing any information or content that You post or store on or through the Service or any related features or services at Your sole cost and expense. You represent and warrant that (a) you own and control all of the rights to, or otherwise have the right to transmit or post, the information and content that You transmit or post on or through the Service, the Site and any related features or services; (b) such information and content is accurate and not misleading; and (c) use and posting of the information and content You supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.

If You have a dispute with any other user or users, You hereby release Digital Chocolate and hereby agree to indemnify Digital Chocolate from any and all claims, demands, and damages including direct, consequential and indirect of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Third Party Advertisements and Links to Third Party Sites
The Service may include third party advertisements from Digital Chocolate or other third parties. Digital Chocolate may disclose Your information to third party advertisers in accordance with its Privacy Policy.
You acknowledge further that the Service may include links to other websites or resources who may invite You to participate in a promotional offer in return of receiving Virtual Items. Any charges or obligations You may incur in Your dealings with these third parties are your responsibility.

Digital Chocolate has no control over (and is merely a passive conduit with respect to) any such third party advertisements or links to websites or other resources (“Linked Sites”) that may be exist in or on the Service. You acknowledge and agree that Digital Chocolate shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites. All correspondence or business dealings with, or participation in promotions of, advertisers found on or through any advertisement, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser.

You acknowledge that the Linked Sites are not under the control of Digital Chocolate and may collect data or solicit personal information from You. Digital Chocolate is not responsible for the content, business practices or privacy policies of any Linked Sites, nor for the collection, use or disclosure of any information Linked Sites may collect.

Disclaimer
DIGITAL CHOCOLATE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICE OR THE USE THEREOF BY YOU TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES PROVIDED BY DIGITAL CHOCOLATE ARE PROVIDED “AS-IS” AND “AS -AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. FURTHER, DIGITAL CHOCOLATE DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR NOT INTERFERE WITH OTHER FUNCTIONS, FEATURES OR SERVICES ON YOUR DEVICE WITH WHICH YOU ARE ACCESSING THE SERVICE.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE LIMITATION OF LIABILITY CONTAINED HEREIN APPLIES TO ANY AND ALL APPLICATIONS OR INJURIES WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). IN NO EVENT SHALL DIGITAL CHOCOLATE, ITS SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, EVEN IF ANY OF THOSE PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.

IN NO EVENT WILL THE TOTAL LIABILITY OF DIGITAL CHOCOLATE OR ANY OF THE ABOVE-REFERENCED PERSONS OR ENTITIES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO DIGITAL CHOCOLATE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERTED ANY SUCH CLAIM.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF DIGITAL CHOCOLATE SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Miscellaneous
The formation, construction and interpretation of these Terms of Service, and Your use of the Service, shall be controlled by the laws of the State of California regarding agreements between California residents entered into and to be performed within California, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of these Terms of Service. Any dispute relating to these Terms of Service shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A. You hereby irrevocably and unconditionally submit to the personal jurisdiction and exclusive venue of these courts.

If you violate these Terms of Service or if You engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of Digital Chocolate or any third party, We may issue you a warning about the violation, or We may choose to immediately terminate or suspend any and all Accounts that You have established. You acknowledge that Digital Chocolate is not required to provide You notice before terminating or suspending Your access to the Service or any portion thereof, but it may choose to do so.

If Your Account is terminated, We may, but are not required to, remove some or all of Your content from our servers. Further, You understand that You shall not be entitled to any refund of fees for such termination of your Digital Chocolate Account or suspension of Your access to all or part of the Service.

If any provision of these Terms of Service is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Service constitute Your entire agreement with Digital Chocolate with respect to their subject matter, and supersede any other previous written terms and any oral or promotional statements regarding such subject matter. Any waiver of enforcement of any provision of these Terms of Service or any breach thereof, in any one instance, shall not constitute a waiver of such term or condition or any subsequent breach thereof. If any dispute arises under these Terms of Service, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.

Questions/Contact Information.
If you have any questions about these Terms of Service, please feel free to contact us online as specified by the Site or by mail at Digital Chocolate, Inc., 1855 South Grant Street, San Mateo, CA 94402 USA.

(updated 1/12/2012)