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Terms of Use

Your use of any of the information, links, products or services (collectively, the "Services") offered on the FreeCandy.com ® ("FreeCandy") website pages (collectively the "Site") is subject to these Terms of Use ("Terms"). FreeCandy, at its sole discretion, may change the Terms, conditions and operation of the Site at anytime without notice to you. By using this Site and/or any of its Services, you agree to the Terms, including any modifications FreeCandy makes, and further waive any rights or claims you may have against FreeCandy.

1) Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

2) The content available through the Site is the sole property of FreeCandy or its advertisers, suppliers or licensors. All material published on the Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, flash games and flash animation, are protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, FreeCandy-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by FreeCandy's advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through the Site to anyone without FreeCandy's express prior written consent, which consent shall be given at FreeCandy's sole discretion.

3) You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. FreeCandy has the right, but not the obligation, to remove any content that may, in its sole discretion, violate these Terms or that is otherwise objectionable.

4) The Site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. FreeCandy has no control over third party sites and is not responsible for any changes to or content on them. FreeCandy's inclusion on its Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

5) By using this Site, you agree under penalty of perjury to make the following statements:

    a) I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside and/or am accessing the Site.

    b) Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.

    c) I believe I have the unalienable right to read and/or view any type of material I choose.

    d) I am aware of the standards of my local community with respect to the materials offered on this Site; I am familiar with the materials offered by this Site; and I represent, warrant and certify that the links, information, and use of materials on this Site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this Site, I agree to no longer access this Site.

    e) I recognize that this Site has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.

6) By viewing and/or using this Site, you agree that FreeCandy will not be liable for any commercial loss; inconvenience; loss of use, time, data, goodwill, revenues, profits, or savings; or any other special, incidental, indirect, or consequential damages in any way related to or arising from your use of this Site and/or Services. You agree to defend, indemnify and hold harmless FreeCandy, its employees, independent contractors, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of your use of the Site and/or Services, including without limitation claims made by third parties related to your use of the Site and/or Services.

7) FREECANDY AND ITS ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE FREECANDY SITE AND SERVICES ON AN "AS IS" AND "AS PROVIDED" BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AVAILABILITY OF THE SITE OR SERVICES. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. FREECANDY MAKES NO REPRESENTATION THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR, BUG OR VIRUS FREE AND SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACESS DELAYS, ANY INTERRUPTION AND/OR DATA DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR EVENTS BEYOND FREECANDY'S REASONABLE CONTROL.

8) WITHOUT LIMITING THE FOREGOING, FREECANDY SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FREECANDY'S LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).

9) YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE FREECANDY SITE AND THAT FREECANDY MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS FREECANDY MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL FREECANDY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST FREECANDY WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10) Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit FreeCandy's right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site.

11) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12) These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms exclusively in the Superior Court in Orange County, California, or if such jurisdiction is not available, then in the United States District Court for the Central District of California in Orange County, California.


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