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Terms of Service

Effective Date: November 1, 2024.

Welcome.

These terms of service (“TOS”) apply to you and PIXEL ILLUMINATION LTD, address 7 Ruthrie Gardens, Aberdeen, Scotland, AB10 7JZ, United Kingdom, (“Pixel Illumination”) regarding your use of Pixel Illumination´s products, websites, and related services (“Services“).

For United States residents, these TOS contain a binding arbitration clause in Section “Binding Arbitration / Class Waiver” and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section “Binding Arbitration / Class Waiver”, you agree that any disputes arising between you and Pixel Illumination will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

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As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are of the age of majority in your country of residence. If you are under the age of majority or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.

By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.

Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.

If you access the Services from a third-party platform such as Facebook or another social networking site, you agree to comply with the platform’s terms of service as well as these TOS.

Pixel Illumination may issue additional terms or policies related to individual Services or specific components of the Services (including, but not limited to, forums, contests, sweepstakes, or loyalty programs). Your right to use the Services is subject to such relevant terms and policies as well as these TOS.

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1. Right to Use the Services

Subject to these TOS, Pixel Illumination hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.

Except as set forth above, you do not receive any other license. Pixel Illumination retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without Pixel Illumination’s prior written consent. Pixel Illumination reserves all rights not expressly granted to you herein.

The Services and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the Virtual Items appearing in or originating from the Services, whether earned in the Services or purchased from Pixel Illumination or its authorized partners.

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2. Right of Withdrawal

If you are a consumer based in the European Union or a member country of the European Economic Area (“EEA”), this Section applies to you.

You may have the right to withdraw from these TOS within 14 days from the day you agreed to them. You may also have the right to withdraw from the purchase of a license to a Virtual Item or a Service within 14 days from purchase. You are not required to give a reason for exercising the right of withdrawal. However, you are not entitled to withdraw from a purchase if you have consented to the Virtual Item or Service being fully provided to you during the withdrawal period and acknowledged that you thereby forfeit your right of withdrawal.

To withdraw from these TOS, you must inform Pixel Illumination of your decision to withdraw and discontinue your use of the Services.

To inform Pixel Illumination of your decision to withdraw, you must send an equivocal statement of your decision by email to office@pixelillumination.com. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.

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3. Code of Conduct

You agree that you will not, under any circumstances:

  • Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services.

  • Use the Services in violation of any applicable law or regulation.

  • Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.

  • Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;

  • Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.

  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.

  • Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Pixel Illumination, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.

  • Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.

  • Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.

  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Pixel Illumination employees, directors, officers, and customer service representatives.

  • Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a Pixel Illumination employee, director or officer.

  • Unless specifically authorized by applicable law, attempt to decompile, reverse engineer, disassemble, or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Pixel Illumination, or to obtain any information from the Services using any method not expressly permitted by Pixel Illumination.

  • Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.

  • Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.

  • Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.

  • Engage in any act that Pixel Illumination deems to conflict with the spirit or intent of the Services or make improper use of Pixel Illumination’s support services.

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4. Accounts and Login Information

Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information“).

You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information. Pixel Illumination is entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account or Login Information. You agree to compensate Pixel Illumination for any losses or harm that result from your failure to keep your Login Information confidential.

You agree that you have no ownership or property interest in or to any Account. Pixel Illumination reserves the right to delete your Account if Pixel Illumination observes no activity by you in relation to the Account for 180 days or more. 

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5. User Contributions

The Services may allow you to create and/or submit content, including, but not limited to, gameplay maps, game profiles, fan art, characters, items, screenshots or videos of your gameplay (collectively “User Contributions”).

In exchange for use of the Services, you hereby grant Pixel Illumination a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind. Where not expressly prohibited by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Pixel Illumination’s (including its licensees, successors, and assigns) and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services. The foregoing grant of license to Pixel Illumination and waiver of any applicable moral rights survives any termination of these TOS.

Pixel Illumination and its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Pixel Illumination or its directors, officers, or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of any statement to the contrary in the Unsolicited Content, any accompanying message, or elsewhere. You further agree that such Unsolicited Content may be used and exploited by Pixel Illumination without compensation to you or any third party and you grant Pixel Illumination a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.

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6. User Interactions

Pixel Illumination assumes no responsibility for the conduct of other users of the Services or for monitoring the Services for inappropriate content or conduct. Pixel Illumination does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.

By using the Services, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. Pixel Illumination may utilize technology to monitor and/or record your interactions with the Services or communications within the Services (including, but not limited to, chat text or voice communications).

You acknowledge that Pixel Illumination is not a party to any dispute you may have with any other user(s) of the Services. Pixel Illumination has no obligation to become involved in any such dispute. You release Pixel Illumination and its subsidiaries (and Pixel Illumination’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.

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7. Binding Arbitration / Class Waiver

If you are a United States resident or otherwise make any claim against Pixel Illumination in the United States, you expressly agree that any legal claim, dispute or other controversy between you and Pixel Illumination arising out of or otherwise relating in any way to Services, including controversies relating to the applicability, enforceability or validity of any provision of these TOS or Pixel Illumination’s Privacy Notice (collectively “Disputes”), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association (“AAA”), rather than in a court, as described herein. The arbitration will be governed by the AAA’s commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively “Rules and Procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Pixel Illumination will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Pixel Illumination also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration may be conducted in Los Angeles, California or, upon your request, in the city closest to your location where AAA maintains an office. The arbitrator’s award shall be final and binding on you and Pixel Illumination and may be entered as a judgment in any court of competent jurisdiction.

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As an exception to the binding arbitration rule, to the extent the Dispute arises from:

  1. A violation of Pixel Illumination’s intellectual property rights in any manner;

  2. Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of Conduct” of these TOS; and

  3. Any claim for equitable relief;

then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims within the scope of such court’s jurisdiction instead of arbitration.

To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and Pixel Illumination agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class-action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.

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8. Suspension and Termination for your Breach

Without limiting any other remedies available to Pixel Illumination, if Pixel Illumination believes that you are in breach of these TOS, Pixel Illumination reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend, and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.

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9. Disclaimer

To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances, or guarantees of any kind. The Services may have defects, and your use is solely at your risk. Pixel Illumination does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Pixel Illumination does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Pixel Illumination, its employees or other representatives constitutes a warranty.

Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which Pixel Illumination may be liable for a lack of conformity that you discover: (i) within two years from any one-time supply of the Services (such as the supply of a Virtual Item); or (ii) at any time during any continuous supply of the Services.

 

10. Copyright and DMCA

If you believe the Services or any of its content infringes your copyrights, please send a notice  via email to: office@pixelillumination.com.

Please include all of the following in your DMCA notice:

  • Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.

  • Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable Pixel Illumination to locate the material.

  • Provide your full legal name, mailing address, telephone number, and (if available) email address.

Include the following statement in the body of the DMCA notice:

“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorney’s fees incurred by Pixel Illumination or its users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Pixel Illumination.

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11. Third-party Products and Services

The Services may link to or otherwise make available third-party products or services, including, but not limited to, through third-party advertisements, connectivity to social media or community services, or gameplay recording or sharing services. These products and services are subject to the respective third party’s terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which Pixel Illumination is not a party. You understand that Pixel Illumination neither endorses nor makes any promises regarding the content, goods or services provided by such third parties. Pixel Illumination is not liable to you for any losses or harm caused by such third parties or any charges you incur about such third parties. You understand that when you provide data to such third parties you are providing it following their privacy policy (if any) and you understand Pixel Illumination’s Privacy Notice does not apply to such data.

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12. Changes to these TOS

Notwithstanding Section “Binding Arbitration / Class Waiver,” Pixel Illumination may update these TOS from time to time in response to changing legal, technical or business developments. When Pixel Illumination updates these TOS, Pixel Illumination will take appropriate measures to inform you via the Services or otherwise, under the significance of the changes made.

By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.

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