CandyJar

Terms of Use

Effective date: May 9, 2025
VAT ID: DE298265721

Welcome to CandyJar. Inkitt GmbH, its affiliates and subsidiaries (collectively, “CandyJar,” “we” and “us”) invites you to access and use our website located at https://CandyJar.com/ (the “Website”), our mobile app (the “App”), which is accessible through tablets, smart phones, and other devices, and our services that are provided through the Website and the App (the “Services”), subject to the following terms and conditions (the “Terms of Use”).

By visiting the Website, by clicking “I AGREE”, by accessing and/or using the Services or otherwise manifesting assent to this Agreement (as defined below), when you sign up to access and use the App and/or the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website, the App and the Services. We may change the terms and conditions of these Terms of Use from time to time with or without notice to you. By continuing to access and/or use the Website, the App and/or the Services after we have posted a modification on the Website or the App, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website, the App and the Services.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Description and use the Services

Our Services allow you to watch bestselling TV series. If you would like to use our App, you will need to download the App from the Apple, Android or any other app store through which the App is made available to you using your app store credentials.

CandyJar is under no obligation to accept any individual as a user of the Services and may accept or reject any user in its sole and complete discretion.

License to Use the App

CandyJar hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the mobile App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service. We reserve all rights in and to the App not expressly granted to you under these Terms of Use.

Eligibility

The Website, the App and our Services are available only for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. By accessing and/or using the Services, you represent and warrant that (i) you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to this Agreement on your behalf); and (ii) you will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all applicable laws and this Agreement.

Use of Personal Information

Your use of the Website, App or the Services may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at https://CandyJar.com/privacy-policy), which is hereby incorporated by reference in its entirety.

Account Registration

You can use some parts of our Services without login. However, in order to use some of our Services, you will have to create an account with us by providing your email address and creating a password (collectively, the “Account Credentials”). When creating your account, you must provide true, accurate, current, and complete information. Each Account Credential can be used by only one user, and you may not transfer your Account Credentials to anyone else without our prior written permission. You are responsible for the confidentiality and use of your Account Credentials. You will not share your account access with anyone, and you must protect the security of your account. You are responsible for any activity associated with your account. You will promptly inform us of any need to deactivate any Account Credentials or change any Account Credentials. We reserve the right to delete or change your Account Credentials at any time and for any reason.

We also allow you to register for and log in to our Services using sign-on functionalities provided by third-party platforms, such as Google and Apple. You agree to comply with the relevant third-party platform’s terms and conditions applicable to your use of functionalities (in addition to these terms) and acknowledge that CandyJar is in no way responsible for the content of such terms and conditions.

Fees; Virtual Currency; In-App Purchases; Subscriptions

‍Fees

Some of our Services are provided to you for free, while others require you to pay applicable fees before accessing those Services. We reserve the right to institute new or additional fees, at any time upon notice to you.

Virtual Currency

You may be permitted to earn digital currency or points (“Virtual Currency”) by engaging in certain activities on or through the Services. As you perform certain activities through our Services, you will earn Virtual Currency for each qualified activity (each, a “Qualified Activity”). A list of Qualifying Activities, and the amount of Virtual Currency that you can earn for engaging in each such Qualifying Activity, can be found on the Services, and may be modified by CandyJar from time to time without notice.

The amount of Virtual Currency for each Qualified Activity may vary as determined by CandyJar in its sole discretion. In addition, we may place limitations on how often and/or how much total Virtual Currency you can earn by completing any particular Qualified Activity.

It is your responsibility to monitor your account and Virtual Currency balance. You may view your Virtual Currency balance any time on the Services. CandyJar’s determination of the amount of Virtual Currency you have accumulated is final and binding.

Once you earn enough Virtual Currency, you may be able to redeem such Virtual Currency for unlocking certain additional content offered on our Services. To redeem your Virtual Currency, you must follow the instructions on the Services. All Virtual Currency redemption transactions are final and cannot be canceled, reversed, or refunded under any circumstances.

All federal, state and local taxes associated with your redemption of Virtual Currency is solely your responsibility.

In-App Purchases

Through the Services, you may purchase some Virtual Currency. Without incurring any liability to you, CandyJar may: (i) modify or eliminate Virtual Currency at any time without notice to you, (ii) update the pricing of Virtual Currency at any time in its sole discretion, and/or (iii) add new Virtual Currency for additional fees. Except as expressly authorized by CandyJar, you are prohibited from selling or transferring Virtual Currency to any person or entity, including but not limited to another user, or any third party.

You agree to pay all fees and applicable taxes incurred under your account and acknowledge and agree that CandyJar may update the pricing for Virtual Currency at any time in its sole discretion. You acknowledge and agree that all information you provide in connection with any purchase or transaction completed or processed through the Services shall be accurate, complete, and current.

You acknowledge and agree that purchases or transactions made through the Services will be processed by a third party in accordance with their respective terms of use, privacy policy, and, if applicable, any additional terms and conditions. We encourage you to familiarize yourself with the policies of such third party. In no event will CandyJar be responsible for the actions or inactions of any third-party payment processor.

Virtual Currency has no “real-world” value and is not a substitute for real currency and does not earn interest. CandyJar is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, or lost, late, delayed, or misdirected Virtual Currency. CandyJar is not responsible for any typographical or other error in the administration of the allocation of Virtual Currency including the description of Virtual Currency or amount of Virtual Currency. All federal, state and local taxes associated with your redemption and receipt of Virtual Currency are solely your responsibility. CandyJar reserves the right in our sole and absolute discretion to cancel, terminate, modify or suspend Virtual Currency for any reason or no reason. VOID WHERE PROHIBITED BY LAW.

YOU UNDERSTAND AND AGREE THAT CandyJar WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THIS AGREEMENT, OR THE SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW. If an account is permanently banned, all Digital Asset balances associated with the suspended account are forfeited. CandyJar will have no obligation or responsibility to and will not reimburse you for any Virtual Currency, or experience lost due to your violation of this Agreement.

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Subscriptions

We may offer certain subscriptions to our Services (e.g., unlimited access to our content, recurring points each month). If you sign up for any of our various subscription plans (“Subscriptions”), certain charges apply. You agree that the relevant third-party payment processors may immediately authorize your credit card (or other approved facility) for payment for any Subscriptions purchased by you. In connection with any Subscription, all sales are final, and we do not accept returns or exchanges.

Your access to the Subscription-related services begins as soon as your initial payment for Subscription is processed. Your Subscription will automatically renew each month or year depending on the term you have chosen, until you cancel. You acknowledge and agree that your payment method(s) stored through Google Play or the Apple Store will be automatically charged the then-current rate for your Subscription and applicable taxes, every month or year until you cancel.

We may modify the fees charged for the Subscription at any time. You will receive notifications regarding price changes via email or updates on the Website, App or Services. Subject to applicable law, you accept the new price by continuing to use the Subscription after the price change takes effect.

IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP FOR A SUBSCRIPTION (MONTHLY, ANNUALLY, OR OTHERWISE), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT. YOU MAY CANCEL AT ANY TIME BY FOLLOWING THE INSTRUCTIONS PROVIDED ON THE WEBSITE OR THE APP, AND THE CANCELLATION WILL TAKE EFFECT AT THE EXPIRATION OF THE THEN-CURRENT TERM. AGAIN, IF YOU DO NOT CANCEL, THEN YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNDER THE SAME SUBSCRIPTION. THERE ARE NO REFUNDS FOR CANCELLATION, AND YOU UNDERSTAND AND AGREE THAT YOU SHALL RECEIVE NO REFUND OR EXCHANGE FOR ANY UNUSED TIME OF THE SUBSCRIPTION ACCORDING TO THE CHOSEN PREFERENCES (EITHER A MONTHLY OR A YEARLY SUBSCRIPTION).

Friends & Family Plan Subscription

In select countries, we may offer a Subscription plan that allows a primary account holder (the plan manager) to share the Subscription with up to five (5) additional family members (subsidiary plan members) (“Friends & Family Plan”). Each of the five (5) additional family members will have a separate account called as “subsidiary account” on the Services As the primary account holder, you are solely responsible for paying all applicable fees and charges associated with the Friends & Family Plan Subscription. By enrolling in this plan, you agree that any subsidiary plan members you invite (i) reside in the same country as you; (ii) are not existing subscribers of our Services; and (iii) agree to comply with this Agreement. We reserve the right to limit availability of, modify, or terminate the Friends & Family Plan at any time, including if we determine that any misuse or violation of this Agreement has occurred.

Community Guidelines

CandyJar’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Website, App or the Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will comply with all applicable laws in your use of the Website, App or the Services and will not use the Website, App or the Services for any unlawful purpose;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:

infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

You will not “stalk,” threaten, or otherwise harass another person;
You will not access or use the Website, App or the Services to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with or attempt to interrupt the proper operation of the Website, App or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website, App or the Services through hacking, password or data mining, or any other means;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website, App or the Services;
You will not use any robot, spider, scraper, or other automated means to access the Website, App or the Services for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the Website, App or the Services for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
You will not use the Website, App or the Services to run mail lists, list servers, any form of auto-responders and “spam”, or any processes that run or are activated while you are not using the Website, App or Services;
You will not introduce, post, or upload to the Website, App or Services any virus, worm, “black door,” Trojan Horse, or similar harmful code;
You will not reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Website, App or Services;
You will not capture and share screenshots or any content within the Website, App or Services without CandyJar’s authorization; and
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, App or the Services, or any portion of thereof, without notice, and to remove any content that does not adhere to these Community Guidelines.

Intellectual Property

The Website, App and the Services contain materials including but not limited to, text, graphics, data, articles, photos, images, illustrations, audio recordings, music, sound effects, and other materials provided by or on behalf of CandyJar (collectively, the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

If you violate any part of this Agreement, your permission to access and/or use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Inkitt or CandyJar (“Inkitt Trademarks”) used and displayed on the Website, App and Services are registered and unregistered trademarks or service marks of Inkitt. Other company, product, and service names located on the Website, App and Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Inkitt Trademarks, the “Trademarks”). Nothing on the Website, App and Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Inkitt Trademarks inures to our benefit.

Elements of the Website, App and Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

User Submissions; Licenses

Anything you post, upload, share, store, or otherwise provide through the Website, App and/or Services is referred to herein as your “User Submission.” You expressly acknowledge and agree that once you submit User Submission for inclusion into the Services, it will be available to other users of the Services and there is no confidentiality or privacy with respect to such User Submission, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT CandyJar, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER SUBMISSION THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES. We are not obligated to publish any User Submission on our Services and can remove it in our sole discretion, with or without notice.

You retain all copyrights and other intellectual property rights in and to your User Submission. You do, however, hereby grant CandyJar and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Submission and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.

Representations and Warranties; Indemnification

You hereby represent, warrant, and covenant that:

You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Submission and any other works that you incorporate into your User Submission, and all the rights necessary to grant the licenses and permissions you grant hereunder;

Use of your User Submission in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and

You shall not submit to the Services any User Submission that violates our Community Guidelines set forth above or any other term of this Agreement.

You agree to defend, indemnify, and hold harmless the Inkitt, its affiliates, subsidiaries, or its or their officers, directors, employees or agents (collectively, the “CandyJar Parties”) from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any CandyJar Party in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) any misuse of the Content, or the App; (iii) your User Submission; or (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.

Digital Millennium Copyright Act

Reporting Claims of Copyright Infringement

We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Inkitt Copyright Agent

Inkitt.Inc
300 Brannan St, Suite 301
San Francisco, CA 94107
Phone: 6505759740
Email: [email protected]

If you believe that your work has been copied on the Website, App or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the App where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Counter-Notification Procedures

If you believe that material you posted on the Website, App or Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above).

Pursuant to the Act, the Counter-Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (v) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website or App may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

The Act allows us to restore the removed content if the party filing the original notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the Act.

No Warranties; Limitation of Liability

THE WEBSITE, APP, SERVICES, AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NONE OF THE CandyJar PARTIES MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND THE CandyJar PARTIES HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE OR THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR WEBSITE, APP, OR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT OR APPROPRIATE FOR YOUR PURPOSES. TO THE EXTENT THAT ANY CandyJar PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

CandyJar MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (I) ANY VIRTUAL CURRENCY; (III) THE ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, APP OR SERVICES, (IV) THE QUALITY AND SECURITY OF THE WEBSITE, APP OR SERVICES, INCLUDING WHETHER THE WEBSITE, APP OR SERVICES WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS; (V) THE ABILITY TO ACCESS THE WEBSITE, APP OR SERVICES OR THE CONTENT ON THE WEBSITE, APP OR SERVICES AT ANY PARTICULAR TIME; OR (VI) THE ADEQUACY OR SAFETY OF THE SERVICES OFFERED THROUGH THE WEBSITE OR THE APP FOR ANY PARTICULAR USER. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE, APP OR SERVICES. CandyJar ASSUMES NO LIABILITY IF YOU ARE UNABLE TO LOGIN TO YOUR ACCOUNT USING YOUR ACCOUNT CREDENTIALS. CandyJar MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY USER SUBMISSION AND HAS NO LIABILITY FOR ANY USER SUBMISSION DISPLAYED ON THE WEBSITE, APP OR SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR ANY CLAIMS THAT ANY USER IS USING ANY USER SUBMISSION THAT IS INFRINGING OR VIOLATES ANY RIGHT OF PRIVACY OR PUBLICITY.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUES, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, APP OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, APP OR SERVICES, SHALL BE LIMITED TO THE GREATER OF THE TOTAL FEES PAID AND PAYABLE TO US BY YOU IN THE IMMEDIATELY PRECEDING THREE (3) MONTH PERIOD FROM THE DATE ON WHICH THE CLAIM ARISES OR ONE HUNDRED DOLLARS ($100). ANY CLAIMS MADE BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE, APP OR SERVICES MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

THE WEBSITE, APP OR SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE WEBSITE, APP OR SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE, APP OR SERVICES AT ANY TIME WITHOUT NOTICE.

External Sites

The Website, App or Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

Compliance with Applicable Laws

We make no claims concerning whether the Website, App, Services or the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, App, Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Account Termination; Termination of Agreement; Changes to the Services

‍You’re free to stop using the Services at any time, by deleting your account. CandyJar is also free to restrict, terminate or suspend your access to the Website, App or Services or your account, for any reason in our discretion and without prior notice of liability, including your breach of this Agreement. CandyJar has the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.

We’re always trying to improve the Website, App or Services, so they may change over time. We may suspend or discontinue any part of the Website, App or Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Website, App or Services at any time without prior notice or liability. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice or liability.

Accessing and Downloading the App from Apple App Store

The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:

You acknowledge and agree that (i) these Terms of Use are concluded between you and CandyJar only, and not Apple, and (ii) CandyJar, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between CandyJar and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of CandyJar.
You acknowledge that, as between CandyJar and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between CandyJar and Apple, CandyJar, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms of Use, you must comply with all applicable third-party terms of agreement when using the App.

Accessing and Downloading the App from Google Play Store

The following terms apply to the App when you download the App from the Google Play Store. These terms are in addition to all other terms contained in these Terms of Use:

You acknowledge that these Terms of Use are between you and CandyJar only, and not with Google, Inc. (“Google”).
Your use of the App must comply with Google’s then-current Google Play Terms of Service.
Google is only a provider of Google Play where you obtained the App.
CandyJar, and not Google, is solely responsible for the App.
Google has no obligation or liability to you with respect to App or these Terms of Use.
You acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as it relates to App.

Communications with Us

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, the Website, App, Services or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent CandyJar from seeking injunctive relief in any court of competent jurisdiction as necessary to protect CandyJar’s proprietary interests.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.

Controlling Law; Exclusive Forum

This Agreement is governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Subject to the binding arbitration provisions in this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the San Francisco County, California, or the Northern District of California, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.

Miscellaneous

If the Agreement is terminated as set forth herein, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Account Termination; Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the CandyJar may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without CandyJar’s prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent. You and CandyJar agree that this Agreement is the complete and exclusive statement of the mutual understanding between you and CandyJar, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter hereof. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of CandyJar, and you do not have any authority of any kind to bind CandyJar in any respect whatsoever. Except as expressly set forth in this Agreement, you and CandyJar agree there are no third-party beneficiaries intended under this Agreement.