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Terms of Use
Thank you for using Lovegasm.

These Terms of Use set forth the terms and conditions under which you are provided access to the website and forums by Candella Software Ltd, a United Kingdom corporation.

This Agreement does not supersede the End User License Agreement (the "EULA") that accompanies Candella’s games (Game) or any other specific Terms of Use that accompanies a Game or product.
 
Conditions of use
01.
No Violation of Laws. You agree that you will not, in connection with your use of a Game client or the website, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the website, any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
02.
Misuse of Service. You may not connect to or use the website in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the website or otherwise attempt to disrupt the operation of the website or any other person's use of the website; or (b) attempt to gain unauthorized access to the website, accounts registered to other players, or the computer systems or networks connected to the website.
03.
Data Mining. You agree that you will not (a) obtain or attempt to obtain any information from the website using any method not expressly permitted by Candella; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a client or the website, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a videogame or the website, including without limitation information about your character, any account registered to you, virtual items, other players, or other data.
04.
Content.“User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the website, or that other users upload or transmit, including without limitation any chat text. You hereby grant Candella a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
05.
Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, if Candella becomes aware of unlawful or illegal User Content, this content will be deleted or access to such content will be blocked.
06.
DISCLAIMER OF WARRANTIES. WITHOUT LIMITING CANDELLA’S LIABILITY UNDER SECTION 7 BELOW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CANDELLA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
07.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
 
7.1
Candella may only be liable if Candella (a) engaged in intentionally damaging conduct; (b) was grossly negligent or (c) is in breach of the requirements of the statutory laws. Candella may be liable in accordance with statutory law for damages arising as a result of injury to life, limb or health. In any other cases, Candella is only liable for slight negligence if Candella is in breach of a “material” contractual obligation hereunder. “Material” in this sense are obligations which are necessary for the fulfillment of the Agreement, the breach of which would jeopardise the purpose of the Agreement and the compliance with which you may generally trust in. In such cases, Candella’s liability will be limited to typical and foreseeable damages; in other cases, Candella shall not be liable for slight negligence.
7.2
You agree to indemnify, defend and hold Candella harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the website, or any breach by you of this Agreement or any EULA, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
08.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of England.
09. DISCLOSURES; THIRD PARTY FEATURES.
 
9.1
Facebook. If you have a registered “Facebook Account” you may opt-in to the “Facebook Friends” feature which will allow you to see which of your Facebook friends are registered on the website. The “Facebook Account” is subject to separate terms and conditions provided by Facebook Inc. Note that if you have a Facebook account, your Facebook friends will be able to associate your screen name with your real name on the website when they use the Facebook Friends feature. Facebook disclaims all liability it may otherwise incur as a result of this Agreement and/or your use of the website.
10. GENERAL
 
10.1
TOU Revisions.The TOU may only be revised in a writing signed by Candella or published by Candella on its website.
10.2
Assignment. Candella may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent.
10.3
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
10.4
Attorneys' Fees. In the event any litigation is brought by either party in connection with the TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
10.5
Entire Agreement. This TOU, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the website and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the website; provided, however, that this Agreement shall coexist with, and shall not supersede, EULAs and Game-specific Terms of Use.
10.6
No Waiver. Our failure to enforce any provision of the TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the TOU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
10.7
Notices. All notices given by you or required under the TOU shall be in writing and addressed to: info (at) candellasoftware.com.
10.8
Equitable Remedies. You hereby agree that Candella would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the TOU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
10.9 Force Majeure. Candella shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Candella, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Candella's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
BY USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO THESE TERMS OF USE AND THAT YOU AGREE TO ABIDE BY OUR POLICIES.