Terms of service
- 1.Terms of Service complies to the local law. This Terms of Service are applied to all services, products, websites, games, content, together referred as “Products” and/or “Services”, managed by Candy Wings LLC.
- 2.These Terms of Service does not apply to any third-party services or websites linked from or integrated in any service or website of Candy Wings LLC. Such third parties have their own Privacy Policies and Terms of Service, which Candy Wings does not control in any way.
- 3.When these terms mention “Candy Wings LLC”, “Candy Wings” “we,” “us”, “our”, “ours” or “Administrator” it refers to the Candy Wings company.
- 4.By registering to Our web pages and applications, Users declare that they are aware, understand, and accept in full any and all of the following provisions of these Terms of Service. “Users” within the meaning of these Terms of Service are all individuals entitled to registration under the terms of Section II below.
- 5.All services, products, websites, games, content, together referred as “Products” and/or “Services” are owned by Candy Wings LLC, limited liability company registered according to the local law.
- 6.These current General Terms of Service have been drawn up by the Administrator and may be amended and/or supplemented only (a) by mutual consent of the User and Administrator expressed in written form, or (b) unilaterally by the Administrator. In the first case (a) the amendment has the force and effect only in relations between the Administrator and the specific User and does not apply to other Users. In the second case (b) the amendment enters into force for all registered Users after publication of the amendment. We may also publish additional notices on social network pages, and on other our websites.
- 7.Local law applies to these current Terms of Service and all relations between the Administrator and Users with relation to the use of our Products and other services provided by Us.
- 8.All claims relating to the use of our Products and/or arising between the Users upon and/or in connection with these Terms of Service, including disputes arising from or concerning their interpretation, invalidity, performance or termination of the relationship beThesetween the User and the Administrator, as well as discussions regarding filling gaps in the General Conditions or their adaptation to new circumstances shall be resolved by the local law.
II. TERMS OF REGISTRATION
- 1.The following individuals have the right to register to our Products:
- a.(i) individuals who are at least 18 years of age (or respectively – are of legal age under the laws of their country of residence, from which they access our Products), and only on condition that these individuals are not placed under guardianship and/or whose capability is not limited in any other way;
- 2.Individuals who do not meet the above conditions are not entitled to registration to Our Products. By completing a registration to Our Products, each User states that they satisfy the mentioned requirements. If the administrator subsequently finds out that the User within the meaning of the preceding sentence is not eligible for registration, the Administrator may, without any prior notification to the User, cancel the registration and respective User account and take away all accumulated chips and/or virtual items associated with that User account at the time.
- 3.If a legal entity is registered, the registration should be carried out only by individuals who legally represent it. In the event that a person other than those mentioned in the previous sentence carries out the registration, that person as an individual shall incur all obligations relating to the registration.
- 4.We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you (for example, by email or through our Products) after publication of the amendment and give you an opportunity to review them. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. In the event that some of these conditions be amended and/or supplemented, and the User does not agree with it, the latter is obliged to inform in writing the Administrator of Our Products immediately or request from the Administrator to delete their registration and their account and incur all related potential adverse effects arising thereof (incl. the possible loss of virtual in-game currency). In case the User has not notified in writing the Administrator of disagreement and/or deletion of their registration or has not taken the necessary measures to remove their registration and account it is considered that the User agrees fully with the amendment and/or supplement of these Terms of Service. We will treat your continued use of Our Products or any online games of ours as acceptance of these changes from their effective date as shown above.
- 5.Registration to Our Products and its termination are voluntary (except for compulsory termination with punitive character – i.e. see Section § VII. “Ethics and User behavior” below) and depend solely on the will of the User.
- 6.Registration to Our Products is free. The only condition is to meet the User requirements and conditions within the meaning of these Terms of Service and declare full and unconditional acceptance of these Terms of Service.
- 7.In the process of registration all Users must complete a registration form with the minimum necessary and optional content. Proper completion of the minimum required content is a prerequisite for successful registration of the User. The fields with optional content are filled in upon the will and at the independent discretion of the User.
- 9.Data provided by any User upon registration is considered complete and correct until proven otherwise. All Users registered to Our Products, are responsible for the veracity and the integrity of the data provided in connection with their registration. The Administrator reserves the right to edit the information provided upon registration by each User, to delete that part of it which in his own independent judgment is contradicting the rules of these General Terms and/or morals.
- 11.The User has the right to change and update the personal information that is designated for the purpose of creating their profile at Our Products at any time. User’s right to make such changes is applied to the analogous application of the requirements mentioned above (including but not limited to: availability of minimum information, necessary requirements for the spelling and length of Username and more).
- 1.Upon successful registration to Our Products each User opens an account. “Account” within the meaning of the preceding sentence is the aggregate of data that the User provides for registration by which he is uniquely identified within the system of Our Products, including all acquired virtual items upon and/or in connection with the participation of Users in games offered within Our Products.
- 2.It is considered that the owner of the account is the owner and/or holder of the email used for the registration of the User and/or the social network account used to connect. Any possible written and/or oral agreements to the contrary have no binding effect to the team supporting Our Products.
- 3.Access to each account is carried out through your account with certain third-party social networking services, such as Facebook, Odnoklassniki, Vkontakte, Apple Game Center or Google.
- 4.Each User is responsible to create all necessary conditions for the application of high standards of information security so that third parties do not have unauthorized access to Our Products, using their account. To avoid misunderstandings the support team of Our Products undertake no liability associated with improper access to your account by anyone other than you and without your express consent, and/or as a result of such unauthorized access your account it is significantly altered, deleted or removed in any other way, or if the accumulated profits be used by a person without a right of access for purposes other than yours.
- 5.Also, the Administrator is not responsible if a third party acquires User’s username and uses it to get information, change or delete the profile of said User. In addition, the administrator is not responsible to the User in respect of direct, indirect, incidental damages including, but not limited to, damages by loss of profits, goodwill, loss of data or other losses as a result of:
- i.use or the inability to use Our Products;
- ii.statements or actions of any third parties in connection with the services on Our Products;
- iii.any other issues related to the services offered on Our Products;
IV. PRODUCTS CONTENT
- 1.All games and services offered within the products, including its appearance, design, source codes, methods of construction and operation are protected by and subject to copyright and related thereto rights and are the exclusive property of the Administrator. Users can copy parts of the content solely for their personal use as far so that they do not violate any copyright protected brands and trademarks featured on Our Products. Saving of parts of the webpage without prior written consent of the Administrator, regardless of the form in which it is carried out, is forbidden.
- 2.All trademarks, logos, and characters featured on the site are either property of Administrator or used with the express consent of the owners of these trademarks, logos and signs. It is forbidden for Users to perform any action that may lead to a violation of intellectual property rights related to these trademarks, logos, and signs. In particular, in order to avoid misunderstandings, it is expressly stated that the provision of an opportunity to use the page and its contents by Users does not constitute any authorization or license to use the trademarks, logos, and signs posted on it.
- 3.Any attempts by Users to modify the content of Our Products are strictly prohibited, such as adding content which is not necessary for registration purposes and has not been approved in advance by the Administrator and/or changing the rules for participation in games, including by offering bets, within the meaning of the Russian Gambling Act and respectively any acts or omissions to act by Users that may result in any change to the non-gambling nature of the games offered on Our Products.
- 4.Our Products may contain links to other webpages, domains, mobile applications, social networks and other webpages, domains, mobile applications, social networks may contain links to Our Products. These other webpages, domains, mobile applications, social networks are not under the control of the Administrator and the team supporting Our Products, so the Administrator does not bear any responsibility for the security of operation and protection of personal data offered by such other third parties. Visiting these pages by links on Our Products shall be entirely at the responsibility and risk of each individual User.
V. PARTICIPATION IN GAMES
- 1.The games offered for use on Our Products are not considered ‘gambling’ under the Russian Gambling Act. All games available for use on Our Products serve for recreation and entertainment, a demonstration of dexterity and skills or are with cognitive purpose.
- 2.Using our products is free of charge. Our products offer different game modes. Participation in some of the game modes is free. In order to take part in other game modes on Our Products, various additional in-game contests, tournaments, as well as receive some additional functionalities, Users have to register an account and to use chips. The chips are a virtual in-game currency and do not have their own value in any other currency. They do not constitute a means of payment under the applicable law, but only virtual equivalent that pays for the use of the services in the games on our Products by each User. The chips associated with each User’s account do not bear interest, regardless of the period within which they have not been used by the User.
- 4.Chips can be purchased through the provided payment systems through the form of buying chips included in the games. The variety of payment methods depends on the selected country and platform.
- 5.Exact details of payments are posted on Our Products and may be amended from time to time unilaterally by the Administrator. Any such amendment enters into force and becomes binding for the Users with immediate effect.
- 6.The Administrator shall not be liable if due to incorrect money transfer data entry, any payment made by a User is not validated to the accounts of the Administrator and consequently the User account of this person is not credited with the appropriate amount of chips. Due to the fact that payments are made through third-party payment systems, which are outside the control of the Administrator, it is possible that there is a period of time from the moment of payment by the User until the receipt of the corresponding amount by the Administrator respectively the subsequent credit of the User account with the respective amount of chips, the duration of which can not be foreseen. In connection with this, the Administrator cannot be held liable for any delays within the meaning of the preceding sentence, although in the period between the time of payment and the moment of crediting the account of the User with the appropriate amount of chips, the User will not be able to use that amount of chips.
- 7.The amounts paid are not recoverable in cash to Users. If a User is being sanctioned due to a game and/or behavior, and/or practices inconsistent with these Terms of Service, the Administrator is not obliged to transfer chips from the sanctioned User’s account to a new account, or to somehow compensate the owner of the account and/or chips associated with that account.
- 8.The Administrator has the right, at his discretion, not to offer any more functions which allow the players to create content. This also includes the right to remove the chat function in the lobby.
- 9.It is possible that a prize fund is formed when launching competitions and/or tournaments in any of the offered games. The prize fund is formed by the chips that each User has provided for participation in the tournament. The prize pool is split among the several first ranked Users, according to the details as set out in the rules for the launch of that specific tournament. Only registered Users are entitled to participate in tournaments’ registration under these Terms of Service.
- 10.Upon participation in games and tournaments offered by Our Products, in principle, there are no cash prizes. Distribution of merchandise is possible only in exceptional cases if it is provided by a sponsor for the purposes of that particular tournament or game. Possible profits from User’s participation in respective tournament, contest or game is a corresponding portion of chips from the prize pool – under the terms of that specific tournament, contest or game, eventually – merchandise prizes provided exclusively by a Sponsor and/or virtual goods – facilitation of participation of Users in specific games offered on Our Products.
- 11.Chips won by a User cannot be cashed and/or redeemed in any form by the Administrator and/or sold to other Users and third parties. Any such agreement between Users and/or third parties shall be deemed null and void will not be binding to the Administrator. The amount of chips owned by a User does not constitute a due amount towards Our Products.
- 12.Relations between the Sponsors of Products and the Administrator which are established upon replacing Users’ chips against merchandise and other rewards are not subject to these Terms of Service and are negotiated directly between the Sponsor and Administrator.
- 13.In the event of an account termination, regardless of the reasons, and in cases where Users have purchased a number of chips, but have not used them, the User is not entitled to claim a refund of any amounts already paid.
VI. ETHICS AND USER BEHAVIOUR
1. MULTI ACCOUNTING
Multi Accounting means registering of more than one account by one User. Multi Accounting is prohibited and subject to sanction by blocking and deletion of all registered User accounts without any notification. All accumulated chips and virtual items will be withdrawn from the User, without any due compensation. Penalties for violation of this rule apply no matter if the accounts are used effectively by the User who registered them or not. Entering the game by a single User simultaneously through Our Products and through our partners’ sites is prohibited. For the purposes of the preceding sentence “partner” are all the sites that link to content.
2. ACCOUNT SITTING
Entering with other User’s account (account sitting) is prohibited. Your game account is yours only and can not be used by third parties.
3. ACCOUNT TERMINATION
BUGS AND BREACHES
A “bug” is considered to be a weakness or an honest mistake in the product code, which allows the User to benefit from the game in a manner which is not allowed, or an activity and/or which prevents the server, team and/or software to carry out the set and anticipated tasks.
If a User finds a bug in the game, they must immediately cease use of this bug, not disclose its existence and immediately notify the Administrator about it, pointing out the bug in question and its possible negative effects.
For the use and non-report of a bug, the User shall be sanctioned by deletion of the account and revocation of all available at the time chips and virtual benefits.
For direct entry into other User’s account without the knowledge of the owner (i.e. hacking) or indirect interference with the game of another User/foreign account and any malicious action against another person, the offender shall be sanctioned by deletion of the account and revocation of all available at that time chips and virtual benefits.
Upon a deliberate attempt to circumvent the system with the intent to impede the work of the servers, as well as an attempt to manipulate the codes of the game, the breaching party shall be sanctioned by deletion of the account.
5. SCRIPTS AND BOTS
Bots are automated scripts in any form, simulating activity in an account (not including the automated scripts of the game). The use of any bots and scripts is strictly prohibited and shall be punished by deletion of the account and revocation of all available at that time chips and virtual benefits.
6. ABUSIVE BEHAVIOUR
Being abusive towards others reduces the enjoyment from the game. When engaging in any kind of in-game communication, we kindly ask that you are respectful of others.
Here are some, but not all, behaviours that we consider inappropriate and will not be tolerated:
- Hate speech, racism and other discriminatory language
- Obscene or sexually explicit banter
- Threats or harassment
- Excessive swearing
If you encounter another player being abusive towards yourself or others, please let us know by using the report button inside the chat. Reports are reviewed by our trained moderators who will take appropriate action.
Consequences of misconduct: Abusive behavior can lead to temporary ban or even permanent game account closure. Making false reports can lead to the same.
7. BUYING, SELLING AND SHARING GAME ACCOUNTS
Selling, buying, sharing or giving game accounts to other players is against our terms of service and never endorsed. Never share your login credentials! An administrator will never ask about your username or password.
It is unacceptable to lose on purpose, communicating with your partner during play to expose your cards or any other behavior that is considered unlawful play. Such behavior can and shall be punished with a temporary ban or termination of the account.
Strictly prohibited are all and any forms of blackmail, insults, threats and/or discriminatory statements, which are made by and/or to Users and/or Administrators or team members of Our Products, as well as publishing and spreading of content, which is offensive, offending good manners, unworthy, pornographic, violent, inappropriate, provoking towards hate and intolerance, aggressive or in other way breaking the law and/or the protected rights and legal interests of other individuals, disturbing of other Users with the introduction of meaningless combinations of symbols, making deals and playing in a team with other players and forcing of partners to certain actions, making deals with other players using chat systems, offered by third parties, purposeful blocking of games and communication processes of any sort, influencing the end of the game with deals, program interventions and other illegal means.
Strictly prohibited is any violent behavior towards another User intending to delete their account or placing ultimatums to add account sitters, participation in games with more than one account, sharing a password or incitement to a violation of the Terms of Service of Our Products.
Users may not advertise on Our Products, whether under the form of use of avatars and/or other images of advertising nature, or the exchange of messages between Users whether carried out with the consent of the advertiser (owner of the advertised brand) or not.
Any violation of the prohibitions as per this section of the Terms of Service found by the Administrator shall be sanctioned by deletion of the User’s account, and withdrawal of all available at that time chips and virtual items associated with the account. In addition, the Administrator is entitled to receive compensation from the breaching party for any other damages suffered as a result of the infringement (including all eventually imposed fines and penalties by the competent authorities).
- Admin Staff impersonation
- Phishing other players’ accounts
- Refund abuse
- Knowingly exploiting a bug
- Encouraging others to break the rules
- Misuse of in-game chat for Spamming & Scamming
10. WHO CAN USE OUR PRODUCTS
We want everybody to use our products freely, but to provide better service and safe environment, there are some limitations For that reason, you must:
- Provide accurate information about yourself.
- Create only one account (your own) per game.
- Not share your password, give access to your game account to others, or transfer your account to anyone else (without our permission).
We try to make our games broadly available to everyone, but you cannot use it if:
- You are under 18 years old.
- You are a convicted sex offender.
- We previously disabled your account for violations of our terms or policies.
- You are prohibited from receiving our products, services, or software under applicable laws.
11. WHAT YOU CAN SHARE AND DO ON OUR GAME
We want people to use our games to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
1. YOU MAY NOT USE OUR PRODUCTS TO DO OR SHARE ANYTHING:
- That violates these Terms and other terms and policies that apply to your use of Facebook.
- That is unlawful, misleading, discriminatory or fraudulent.
- That infringes or violates someone else’s rights.
You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people’s intellectual property rights.
Where appropriate, we will take steps to notify you when we remove your content for violating our Community Standards. We may not be able to provide notice in all cases, for example if we are prohibited from doing so by law or where it might harm our community or the integrity of our Products. To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
12. THE PERMISSIONS YOU GIVE US
We need certain permissions from you to provide our services:
1. PERMISSION TO USE CONTENT YOU CREATE AND SHARE:
You own the content you create and share on Our Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.
INTELLECTUAL PROPERTY RIGHTS
1.ADS AND SPONSORED CONTENT
Permission to use username, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your username and profile picture and information about actions you have taken on our games, like game progress and points and account level next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
VII. LIMITED LIABILITY
- 1. The Administrator cannot give a guarantee that the services offered on Our Products, will at all times:
- The Administrator cannot give a guarantee that the services offered on Our Products, will at all times:
- be uninterrupted, timely, reliable and secure and will operate 24 hours a day, 7 days a week without being allowed technical and human errors;
- provide at any time correct and reliable results.
- 2. The registration of a User to Our Products does not guarantee any special treatment by the Administrator. Users expressly agree that the Administrator does not control and is not obliged to exercise such control over (a) which Users access the products; (b) the content that each individual User has access to; (c) how Users interpret and comprehend the contents of the products accessed and/or (d) what actions or omissions may each User undertake as a result of his/hers access to the products and theirs contents. Therefore the Administrator cannot be held responsible for any adverse consequences which might affect one and/or more Users as a result of access to the products and use of the services offered thereon.
- 3. Products, services, content, website, and software of all kinds are offered to Users in the form in which they are available at the time, without taking any warranties – whether explicitly, or by implication – on their suitability for use or functional fitness to the objectives of each individual User.
- 4. The Administrator restricts to the full extent permitted by applicable law, liability for the accuracy, reliability, accessibility, universality, legality or operability of materials and/or services offered on Our Products. By using the Products each User understands and accepts that the Administrator is not responsible for any damages due to (a) use of the Products; (b) downloaded information contained on the Products; (c) unauthorized use of images, information or data by upload and/or download from the Products by other Users; (d) temporary or permanent inability to access Products’s content because of, including but not limited to, viruses, Trojan horses or other similar parasitic programs of destructive nature.
- 5. By accessing it, Users of the Products may have access to other domains, websites, mobile applications, social networks. These other domains, websites, mobile applications, social networks are not under the control of the Administrator and/or the Our Products. Unless explicitly stated otherwise, nor the Administrator, neither members of the team supporting Our Products warrant and declare any facts and circumstances in relation to other domains, websites, mobile applications, social networks, including in terms of information security and its character.
VIII. ADDITIONAL PROVISIONS
- 1.If any provision of these Terms of Service be declared invalid or unenforceable by a competent court, arbitration or other competent authority, other provisions of the Terms of Service, as well as rights and obligations of the Parties based on these other provisions retain their effect. Null and void provisions shall be deemed unwritten in these current Terms of Service and should be replaced by the parties in good faith with applicable and mutually acceptable provisions with similar meaning and effect to that of the null and void provision.
- 2.The failure or delay of the Administrator to exercise their rights, right in default, judgment, agreement or other rights under these Terms of Service shall not constitute a waiver of any rights. Single or partial exercise of any such right shall not restrict a future full exercise and does not constitute a waiver of any other rights under these Terms of Service. All waivers or consents of the Administrator granted in these Terms of Service must be in writing.
- 3.These Terms of Service shall take effect and bind the parties thereto and their successors. Notwithstanding the preceding sentence, neither party will be entitled to transfer any part of its obligations under these Terms of Service without the prior written consent of the other party. This provision can not be interpreted and applied in a way that limits the ability of the Administrator to transfer their own rights and obligations to a related party, if necessary, or is prompted by reasons of convenience.
- 4.These Terms make up the entire agreement between you and us regarding your use of our Products. They supersede any prior agreements.
- 5.Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
- 6.If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
- 7.You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- 8.These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- 9.You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
- 10.We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
- 11.We reserve all rights not expressly granted to you.
2. CONTACT US
If you have any questions or complaints about these Terms of Service you may email us or contact us at:
Candy Wings support email
Candy Wings LLC
600 N Broad Street, Suite 5 #3413, Middletown, DE 19709