Introduction

1. Welcome to the online home of Spots v Stripes (the 'Hub'), a community environment in which persons accessing and using the Hub, whether registered as a Player or not, ('Users') can learn about and choose to take part in Spots v Stripes. Access and use of the Hub is subject to these terms of use ('Terms') as varied from time to time and all applicable laws. By accessing and using the Hub, Users accept and agree to abide by these Terms. From time to time Cadbury might also include activities or prize promotions on the Hub, and these will have their own additional terms and conditions published on the Hub, which will have to be complied with in order to participate in those elements of the Hub. In the event of any inconsistency with these Terms and those of a specific event or promotion, then the terms of the specific event or promotion shall prevail in relation to that event or promotion. Please also see our guidance on how to Play Responsibly.

2. By accessing and using the Hub, Users accept and agree to abide by these Terms.

3. From time to time Cadbury might also include activities or prize promotions on the Hub, and these will have their own additional terms and conditions published on the Hub, which will have to be complied with in order to participate in those elements of the Hub. In the event of any inconsistency with these Terms and those of a specific event or promotion, then the terms of the specific event or promotion shall prevail in relation to that event or promotion. Please also see our guidance on how to Play Responsibly.

4. It is intended that the Hub, and Spots v Stripes will run until the end of the London 2012 Olympic and Paralympic Games. We may need to change these Terms from time to time, so please check back here regularly. We will update the version details at the beginning of these Terms each time we amend them.

5. Users who register as players on the Hub are hereafter referred to as "Players".

Privacy

6. Cadbury's privacy policy is available at www.spotsvstripes.com. All Users should review this for details of how we collect, use,disclose and manage your personal information. The Hub uses cookies.Cookies are small pieces of information, which will be stored by your browser on your computer's hard drive. The cookies used by us will not give us any personal details about you. For information about how these work and how you can refuse them, see http://www.spotsvstripes.com/privacy.aspx.

7. The information that Players provide will be used by Cadbury for the purpose of managing the Hub. Cadbury may disclose entrants' personal information to its contractors and agents who assist in managing the Hub or communicating with Players in order to allow them to fulfil their purpose in the management process.

8. Subject to the application of the Privacy Policy to their personal data, Players acknowledge that the Hub is publicly accessible. All content posted by a Player for display on their profile page (player screen name, picture (avatar), game play history, details of events and points scored, medals and badges awarded and overall player 'rank") may, unless and until deleted by that Player or Cadbury, be publicly accessible (for the avoidance of doubt, this means that anyone accessing the site, whether or not a Player, can see all player profile content as well as communal areas of the Hub). Cadbury may also use or adapt the content of a player’s profile page in order to highlight game play activity in other areas of the site, for marketing or informational purposes across the Hub.. Players expressly consent to their user profile and all materials posted by them being published and publicly accessible and acknowledge that such materials will be deemed non-confidential and non-proprietary.

9. Only logged in Hub Users, whether Players or not, will be able to search for Players on the Hub by searching for another person's screen name or email address.

10. Players must not post materials onto the Hub that would breach the privacy of others. Players are responsible for gaining the prior consent of any individuals whose likenesses, names or properties are featured in materials, photographs or films they post, and should not post any materials, photographs or films featuring likenesses, names or properties of individuals under 12 years of age (this being minimum Player age).

Players and Usage

11. To become a Player you need to be a User and register/be registered on the Hub. Internet access is required in order to use the Hub. Players can either choose which team they want to be on (Spots or Stripes), or let the Hub decide. Currently there is no facility to switch teams once you have joined one of the other.

12. Registration as a Player is open only to residents of the UK, Isle of Man, Channel Islands and Republic of Ireland, aged 12 years or over.

13. Internet access is required in order to use the Hub.

14. At the time or registration Players can either choose which team they want to be on (Spots or Stripes), or let the Hub decide, however, please be aware that currently there is no facility to switch teams once you have joined one or the other.

15. Players agree to abide any other Terms that may be introduced by Cadbury and that apply to specific features on the Hub (for example, Terms governing promotions or challenges). Such Terms will be published clearly on the Hub, and it is the Player's responsibility to read and accept those Terms or choose not to participate in that function.

16. Players must not supply false information in their registration, and must update this information as necessary.

17. Players may only register and have one personal account only (for the avoidance of doubt, this shall be based upon one account permitted per unique email address).

18. Players must not use the Hub for commercial purposes unless expressly authorised in writing to do so by Cadbury.

19. At all times Users must respect the principles of fair play, health and safety (see Play Responsibly) as well as abide by relevant laws and regulations, rights and restrictions.,.

20. Players must not post any materials on the Hub that are or are likely to be: perceived as offensive; materials of an explicit sexual nature; depictions or descriptions of graphic violence; sexist, racist, homophobic, commercially sensitive, defamatory, libellous or contain references that are illegal or in breach of the rights of others, or contain otherwise illegal, unacceptable or inappropriate references or materials.

21. At all times, Cadbury retains the right to remove any materials from the site whatsoever, at its sole discretion, and without giving notice or reasons for its decision.

22. Players must respect other Players, and should not post messages or behave in a manner that could be perceived as harassment or intimidation.

23. Users should ensure that they comply with any internet usage policies to which they are subject (through employment or otherwise) or in place at the location where they access the Hub and take regular breaks when using a computer, and take regular breaks when using a computer.

24. Players should not share their Player account details with others, and no individual should use the Hub under any identity that is not their own.

Termination

25. A Player may terminate its Player account at any time by sending an email from the account under which they registered as a Player to team@spotsvstripes.com with the title TERMINATE MY ACCOUNT/UNSUBSCRIBE and enclosing their username. Accounts will be deleted within 48 hours (Monday- Friday) from receipt of email request.

26. Cadbury may, at its sole discretion, terminate the Player account of anyone registering under details that Cadbury has reasonable grounds to believe are false.

27. If a Player's profile is terminated or removed from the Hub, then that Player's points will be deleted from both the Player's tally and that Player's team tally.

28. Cadbury may, in its sole discretion, terminate the Player account of, and/or prohibit further participation in the Hub by, any person who tampers with or benefits from any tampering with the Hub, including the points process or with the operation of the points process, or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.

Moderation

29. Cadbury will moderate content posted on the Hub and reserves the right to remove any content posted, including but not limited to such content that it, at its sole discretion, considers to breach these terms and conditions.

30. Users are asked to report any content they consider to breach these terms and conditions or to Cadbury team@spotsvstripes.com or 'Report this Post' button and Cadbury will consider whether, in its sole discretion, it agrees and will therefore remove the content from the Hub.

Intellectual Property

31. Users must respect the intellectual property rights of others.

32. Players must only post content on the Hub that is their own original creation, or content that they have permission of the rights holder to use, and have the right or permission to grant Cadbury the right to use, and that complies with these Terms.

33. In consideration of the use of the Hub at the time of posting content, each Player hereby grants a permanent, irrevocable royalty free licence to Cadbury to use, publish, edit and otherwise deal in any lawful way (including, for the avoidance of doubt, in promotional materials) with all such content posted by that Player on the Hub.

34. Players must not use trade marks or brand names as usernames or for other purposes on the Hub, where such use would breach the brand owner's rights.

35. Cadbury reserves the right to remove any content that it considers, at its sole discretion, to be in breach of another person's intellectual property rights.

36. Users must not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Hub content without Cadbury's prior written consent.

37. Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by Cadbury or its licensors. When you download these materials, they are provided to you by Kraft under a licence that is revocable. Cadbury retains full and complete title to the software and to all of the associated intellectual property rights. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.

Points

38. Players are able to record on the Hub any games that they have played against other Players of the opposite team (Spot/Stripe). The Player who wins/won that game will be awarded one point. The point will be recorded on both the Player's homepage tally, and on the Player's team tally (Spots/Stripes).

39. From time to time Cadbury may decide to link the quantity of Points earnt, either in total or in a period or some other variation, to the award of physical prizes, benefits, privileges, entitlements or similar. These will be subject to separate and specific terms and conditions clearly available at the time of participation. These will vary depending on each specific competition, however all entries will be subject to such terms so please read these individual T&C’s for full details of each new promotion.

40. Points can be claimed by Players, or awarded automatically by the Hub.

41. If you play a game in the 'real world' ('Offline Games' or a game at a 'Spots v Stripes on Tour events"), you can register your point online by following the instructions in the Guide to Claiming points.

42. When an offline game is recorded, the person recorded as the loser will be sent a message asking them to confirm the result. They have 40 days to confirm, disagree, or quibble. If no action is taken the point stands. If they disagree the point is deleted. If they quibble,then the point goes through the online resolution process (the 'Resolverator') to be decided. The Resolverator will use a random process to decide if the original player who claimed the point a) won, b) lost or c) drew. In the result of a win they are awarded the point, in the result of a loss their opponent is automatically credited with a win and in the result of a draw no points are awarded to either player.

43. To claim a point from a game at Spots v Stripes on Tour a player must win a game at a Spots v Stripes event and get a winner"s token. This features a unique 8 digit code and on entering the code on the Claim a point page a point will be automatically awarded

Games

44. Players can submit "made up" games to the Hub. These will be published on the Hub and other Players can access and play them. Players submitting games must comply with these Terms, in particular terms 16, 17, 27 to 32. Games must not contain or encourage dangerous, illegal or unsafe behaviour. Games must not encourage excessive consumption of confectionery or snacks. Cadbury shall have the right to amend terms of Games, including but not limited to amendments that make the Game, in Cadbury's opinion, easier to understand or to play. Any files uploaded to the site should be under 2gb (gigabites) in size and only of the formats displayed on the loading screen. Any files over this size or not in a stated file type will be rejected.

General

45. Cadbury accepts no responsibility for incomplete, incorrectly submitted, delayed, corrupted or misdirected registrations, points claims, disputes or correspondence relating to any aspect of the Hub (including but not limited to claims for points) whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.

46. Users must not compromise the security of the Hub. In particular, access and use of the Hub must not be by means of automated scripts or programmes. Users must not upload content that could threaten the security or functionality of the Hub, for example content containing computer viruses.

47. Cadbury accepts no responsibility for any third party illegal or fraudulent action/inaction that may occur on or through the Hub, but reserves the right to take action against any third party it knows or has reasonable grounds to believe is responsible for such action/inaction.

48. Inaccuracies within the Hub may occur. Use of the Hub is therefore at the User's own risk. To the fullest extent permissible under English law, all warranties or indemnities in relation to the Hub are disclaimed by Cadbury and its related parties (including parent, subsidiary and affiliated companies) and agents (including site developers and promotional partners). Cadbury and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense OR damage which is suffered or sustained (whether or not arising from any person's negligence) in connection with use of the Hub and its content (in physical sphere, eg playing games described on the Hub, and in digital sphere eg through use of Hub on PC), except for any liability which cannot be excluded by law (including death or personal injury) in which case that liability is limited to the minimum allowable by law.

49. The Hub may contain links to other websites that Cadbury does not own or operate. Cadbury does not control, recommend or endorse, and is not responsible for their content, products, services or privacy policies.

50. Cadbury may require Players to provide proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at Cadbury's discretion.

51. If for any reason any aspect of the Hub is not capable of operating as intended, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of Cadbury which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, Cadbury may at its sole discretion cancel, terminate, modify or suspend the Hub and/or Spots v Stripes campaign activity, or invalidate affected points.

52. Cadbury reserves the right, at its sole discretion, to cancel, suspend or modify the Hub, Hub Player accounts, access to the Hub to individual IP addresses, and/or cancel, suspend or modify the Spots v Stripes campaign activity, for any reason whatsoever, without notice, and limits its liability in relation to such action to the fullest extent permissible under English law.

53. Cadbury reserves the rights, at its sole discretion, to modify these Terms at any time, and limits its liability in relation to such action to the fullest extent permissible under English law.

54. The Hub is controlled and operated from England (regardless of where any hosting servers are located). This Hub is only intended for use in the UK, IOM, CI and ROI. Cadbury does not warrant or imply that the materials on the Hub are appropriate for use outside of those territories. If Users use the Hub from a location outside of those territories, they are solely responsible for compliance with any applicable local laws. Users may not export the materials on the Hub in violation of export laws and regulations. These Terms and all matters relating to the Hub and use of it are, in relation to Users in the Republic of Ireland only, governed by Irish law and subject to the non-exclusive jurisdiction of the Irish courts, and in relation to all other Users, governed by English law and are subject to the exclusive jurisdiction of the English courts.

55. No failure to enforce a clause shall be deemed a waiver of the rights covered within it.

56. If any clause of these Terms is deemed unenforceable, then it shall be severed and the remaining Terms shall remain in force.

57. 'Cadbury" means Cadbury UK, a partnership of Cadbury UK Ltd, Trebor Bassett Ltd and The Old Leo Company Ltd. each of which is registered in England and Wales. Principal trading address: Cadbury House, Sanderson Road, Uxbridge, Middlesex, UB8 1DH United Kingdom