We may modify the Terms at any time, in our sole discretion. If We do so, We will let Players know either by posting the modified Terms on the Site or through other communications via the Services (such as in-game notices). It is important that Players review the Terms whenever We modify them because if they continue to use the Services after We have posted modified Terms on the Site or via the Services, they are indicating that that agree to be bound by the modified Terms. If Players do not agree to be bound by the modified Terms, then they may not use the Site or the Services anymore. Because the Services are evolving over time We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.Players cannot make unilateral changes to the Terms. All changes must be signed by both a Player and Pixode in a written amendment. The Terms in effect at the time of a dispute will apply to any such dispute during that time.3. Who May Use the Services
We are very excited to have Players enjoy the Services but Players should be aware that there are some limitations on who and how the Services can be used.
Players may not use our Services if:
- Players are under the age of majority where they live and a Players parent or guardian has not reviewed and agreed to these Terms.
- Players are under 16 years of age, and if they are, they must not submit personal data to us.
- Players previously banned from any Pixode game or Service
If Player is under 18, or the under the equivalent age in which Player is considered a minor in its jurisdiction, in which case Player must not create an account, use any of our Services, or submit any personal information through the Services or to Us.Access and Registration.
We may require Players to register for a user-account. It is important that Players provide us with valid, accurate, complete and up-to-date information for a Player account and Players agree to update such information, as needed, to keep it accurate, complete and up-to-date. If Players don't, We might have to suspend or terminate their account. You are responsible for maintaining the security of Your account. Don't share Your account details with others or allow others to access or use Your account. We will treat all acts performed through Your account as being performed by You. You therefore accept responsibility for all acts done using Your account, whether or not authorized by You, including purchases made using any payment instrument (for example, credit card or PayPal), and You understand You may be held liable for losses incurred by Us or any other user of the Services caused by someone else using Your account. If You become aware of any actual or suspected loss, theft, fraud, or unauthorized use of Your account or account password, please tell Us immediately.Changes to the Services.
The Services are frequently updated and changing, along with the Terms. We may update the Services and may make Players update their App in order to continue to use the Services. We may perform these updates without any notice.
We reserve the right to stop offering and/or supporting the Services or a game at any time, permanently or temporarily, without notice. Unless applicable law provides otherwise, We are not required and Players should not expect a refund, benefit, or any other compensation in connection with such or for any Virtual Items (see below) previously earned or purchased.
PIXODE MAY, IN ITS SOLE DISCRETION, SUSPEND, TERMINATE, LIMIT, MODIFY, DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO GAMES AND SERVICES AND SUCH CONTENT AND TOOLS; DELAY OR REMOVE HOSTED CONTENT; AND WE ARE UNDER NO OBLIGATION TO COMPENSATE PLAYER FOR ANY LOSES, PERCEIVED OR REAL. This may not apply to Players located in the EEA. If Player is located in the EEA We may endeavor to give Player at least one month's prior notice of any material changes to our Service, in which case Player can choose to terminate the Services under these Terms.
which constitutes an integral part of these Terms.
a. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names, and other intellectual property rights related thereto, including, but not limited to, the mobile device applications, and all other elements contained in the Pixode Services (collectively, the "Materials") are the property of Pixode or its subsidiaries or affiliated companies and/or third-party licensors. These Terms does not convey to You any interest in or to the Materials, but only a limited, revocable right of use in accordance with these Terms and You acknowledge and agree that except for such limited right, under no circumstances do You acquire any right, title or interest to any part of the Materials, or any related materials. If You send us or otherwise share with us any ideas, comments, or suggestions regarding the Materials, You acknowledge and agree that We may use such ideas, comments or suggestions in any manner, for any purpose, and without the need for any further compensation, approval or consent.
b. You agree that Pixode owns all legal rights and intellectual property rights in the Services. You must not remove, modify or obscure any legal notices. You are not entitled to use Pixode's trademarks, trade names, brands, domain names, or other distinctive brand features.
c. With respect to any open source or third-party code that may be incorporated in Pixode Services, such open source code is covered by the applicable open source or third-party license, if any, authorizing use of such code. Nothing in these Terms limits Your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for such open source software.
6. Player Content
a. Without derogation from any of the above or below provisions, if You post, publish, transmit, or upload user content to the Services ("Player Content"), You agree that it will be: accurate; not confidential; not in violation of law; not in violation of contractual restrictions or other parties' rights, and that You have permission to use the Player Content from any other party whose personal or other information or intellectual property is contained within the Player Content; free of viruses, adware, spyware, worms, or other malicious code; in compliance with our theseTerms.
b. Any Player that You post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of Your ownership rights in your User Content, but You give Us a perpetual and irrevocable (other than as specifically stated otherwise herein), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your Player Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, You waive any moral rights you may have in any Player Content (like the right to be identified as the author of the Player Content or the right to object to a certain use of that Player Content).
c. We have the right to edit, refuse to post, or remove any of your Player Content at Our sole discretion and without notice. Furthermore, if We believe that the Player Content does not comply with these Terms or any of our applicable terms and policies, We also have the right to disclose Your identity to any third party who is claiming that any of your Player Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose Your Player Content to other third parties or government bodies where We are legally required to do so.
d. If You request deletion of your Player Content We will take reasonable steps to remove it. However, please take into account that Player Content may persist in our systems, including in back-up copies. We may also retain copies of Player Content if We reasonably believe it is legally required.
e. When You post, publish, or transmit Player Content on Our Services, We cannot guarantee that other players will not use such Player Content or the ideas and information that You share. If Your Player Content contains anything You would like to keep confidential and/or don't want others to see or use, don't post it. WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY PERSON OR ENTITY'S USE OR APPROPRIATION OF ANY PLAYER CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY OF OUR SERVICES.
f. We are under no obligation to monitor the Services for inappropriate or illegal Player Content, or for the conduct of its Players. We shall not be responsible for information, materials, products, or services provided by Players of the Services.
g. However, if You become aware that someone is violating these Terms, or otherwise misusing the Services, please report is to us using the following email address: firstname.lastname@example.org 7. Rights and Terms for Apps
Subject to Players compliance with these Terms, We grant Player a limited non-exclusive, non- transferable, non-sublicensable license to download and install a copy of the App on a mobile device that Player owns or controls and to run such copy of the App solely for Players own personal non-commercial purposes. The Player may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, Player may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to Player under these Terms.8. Your Use of the Services, General Prohibitions and Our Enforcement Rights
You agree to use the Services only for purposes that are permitted by (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Player agrees not to do any of the following:
● Post, upload, publish, submit or transmit any Player Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
● Use, display, mirror or frame the Services or any individual element within the Services, our name, any of Our trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Our express written consent;
● Access, tamper with, or use non-public areas of the Services, Our computer systems, or the technical delivery systems of Our providers;
● Attempt to probe, scan or test the vulnerability of any of Our systems or networks or breach any security or authentication measures;
● Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Us or any of Our providers or any other third party (including another Player) to protect the Services or Material;
● Attempt to access or search the Services or Material or download Material from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Us or other generally available third-party web browsers;
● Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
● Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without Our express written consent;
● Use the Services or Material, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms;
● Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Material;
● Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, any security vulnerability or any malicious code, which may compromise, impair or limit the integrity or performance of the Services, Our infrastructure or operations, those of Our affiliates or partners, or any device, software, hardware or network ;
● Collect or store any personally identifiable data from the Services from other Players of the Services without their express permission;
● Impersonate or misrepresent Players affiliation with any person or entity;
● Engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
a. Violate any applicable law or regulation; or
● Encourage or enable any other individual to do any of the foregoing.
Although We're not obligated to monitor access to or use of the Services or Player Content or to pre-screen, review, flag, filter review, display refuse, remove or edit any Player Content from the Services, We reserve the right to do so, at Our sole discretion, for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. You understand that by using the Services You may be exposed to Player Content that You may find objectionable and that, in this respect, You use the Services at Your own risk. We reserve the right but are not obligated, to remove or disable access to any Player Content, at any time and without notice, including, but not limited to, if We, at Our sole discretion, consider any Player Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Players who violate the law.9. Copyright Policy
a. In the appropriate circumstances and under Our sole discretion, We may disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, We will respond to claims of copyright infringement committed using the Services that are reported to Us, as provided below.
b. If You are a copyright owner, or are authorized to act on behalf of one, and You believe in good faith that any material or content made available on or through the Services has been used or exploited in a manner that infringes or violates any work or other intellectual property You own or control, please report the alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement ("Notice") and delivering it to Us using the details below. Upon receipt of the Notice as described below, We will take whatever action, in our sole discretion, as We deem appropriate, including removal of the challenged material from the Service.
c. You can submit a Notice by providing the following information to Our designated copyright agent:
i. A description of the copyrighted work that You claim is being infringed;
ii. A description of the material You claim is infringing and that You want removed or access to which You want disabled and the URL or other location of that material;
iii. Your address, telephone number, and email address;
iv. The following statement: "I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)";
v. The following statement: "The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed"; and
vi. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
d. Deliver this Notice, with all items completed, to Our designated copyright agent, using the following methods:
a. By email: email@example.com
b. By post: Unit 3 Blackhill Drive, Wolverton Mill, Milton Keynes, MK12 5TS 10. Payment TermsIn-App purchases
Players may purchase with real cash, earn, or redeem via gameplay, certain virtual goods to be used within the Apps (" Virtual Items"). Regardless of any other statement in these Terms, You do not own any account that You create on Our Services, and your account is not your property. Likewise, You do not own any Virtual Items that you obtained through the Services, regardless of such Virtual Items were "earned" or "purchased" by You. Your Account and any Virtual Items are owned by Pixode. When Player obtains such Virtual Items from Pixode or its authorized designee, Player receives a limited, personal, non-transferable, and non-sublicensable license and right to use such Virtual Items within the applicable App and solely for non-commercial use.
Pixode may manage, control, modify or eliminate Virtual Items offered at any time, with or without notice. Without limiting the foregoing, Pixode reserves the right at any time to impose additional terms or conditions on Player use of Virtual Items. Such additional terms and conditions will be effective immediately and incorporated into this Agreement. Players continued use of the App will be deemed acceptance thereof. If We need to contact Player about Players Virtual Items or account, Player consents to receive the notices by email (if Player has provided such). Player acknowledges and agrees that any such notices that We send to Player electronically will satisfy any legal communication requirements. The transfer of Virtual Items is prohibited, except where expressly authorized in the Apps, if any.
Virtual Items have no monetary value and are not currency or property. Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real-world money. You are not allowed to transfer (nor will Pixode recognize the transfers of) Virtual Items outside of the Pixode Services, for example by selling, gifting, or trading them. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, unless subject to Pixode's prior written authorization. Any such unauthorized transfer or attempted transfer is prohibited, shall be acknowledged by Pixode, and may result in termination of Your account.. Virtual Items may be "earned", "rewarded" or purchased through Our Services, in several methods. When you make a purchase through our Services for Virtual Items, the payment page will let you know what is the price, and what are the payment methods You can use to pay when You make your purchase. When Your purchase is complete, We may send You an email to confirm Your purchase.Virtual Items may only be redeemed for certain gameplay entitlements that may be made available within the App from time to time. Neither Pixode nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Pixode has no liability for hacking or loss of Player's Virtual Items.
All sales are immediate and final. Price and availability of Virtual Items are subject to change without notice.
Unless otherwise required by law, all purchases and redemptions of Virtual Items made through the App or Services are final and non-refundable, and Players are not entitled to a refund for any unused or unredeemed Virtual Items. Once Player redeems a Virtual Item for a gameplay entitlement within the App or Services, such gameplay entitlement is not returnable, exchangeable, or refundable. Player acknowledges and consents that the provision of Virtual Items for use in connection with the App or Services is a process that commences immediately upon purchase and Player forfeits the right of withdrawal once the Virtual Items have been provided or performance has started, whichever occurs first.
Subject to these Terms, Your purchase request represents an offer from You to Us, to obtain a limited license and right to use the relevant Services and/or the Virtual Items. Your offer will be considered accepted by Us when We receive Your payment. At that point, the limited license begins. REQUESTS TO ACQUIRE SUCH A LICENSE AND RIGHT TO USE VIRTUAL ITEMS ON OUR SERVICES ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW and Player agrees that Pixode is not required to provide a refund for Virtual Items for any reason and that Player will not receive money or other compensation for unused or unredeemed Virtual Items, whether Players loss of license or use of the Services under this Agreement was voluntary or involuntary.
EXCEPT AS OTHERWISE PROVIDED HEREIN, PLAYER ACKNOWLEDGES AND AGREES THAT PIXODE IS NOT REQUIRED TO PROVIDE A REFUND TO PLAYER FOR ANY REASON, AND THAT PLAYER WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY UNUSED VIRTUAL ITEMS WHEN PLAYER DELETES THE ACCOUNT, PLAYERS ACCOUNT IS TERMINATED, OR WHEN PLAYER CEASES TO USE THE APP OR SERVICES.
Subscriptions. Some of Pixode's Apps may offer subscription-based Services. If Player purchases a subscription, then by clicking the purchase button Player is requesting that We begin supplying the subscription Services immediately and Player is entering into a monthly subscription contract with Pixode. The player is also authorizing a charge to Player on a recurring basis of a monthly subscription fee at the rate quoted at the time of purchase. By purchasing a subscription, We will automatically charge on a recurring basis the payment method associated with Player's account. For subscription Services purchased in a Pixode App played on a platform such as Apple or Google, the applicable platform will charge Player for the subscription fee and the platform's payment terms will apply. Please review the appropriate platform's payment terms for additional information.
Trial subscriptions are offered free-of-charge for a certain period of time from activation specified in the relevant trial offer in the App. If Player does not cancel the subscription within such trial period, the trial subscription will automatically convert into a paid subscription for the fees and for the subscription period set out in the App at the time of the activation of the trial period. The player may cancel a subscription during its free trial period using the subscription setting of the account. Any paid subscription Player activate begins immediately from the activation of such paid Subscription and not after the expiration of any trial period. Any unused trial period will, therefore, be forfeited if a subscription is activated prior to the expiration of such trial period.
Player's subscription will automatically renew each subscription period unless and until Player terminates the subscription or We terminate it. The player must cancel the subscription before it renews, otherwise, payment of the subscription fees for the next period will be taken automatically via the chosen payment method. The player is responsible for the timely payment of all fees and for providing Pixode with a valid credit card or payment account details for payment of all fees. In case the subscription fee cannot be taken from Player's account due to the absence of monetary funds, the invalidity of credit card or for any other reason, the subscription will be automatically cancelled.
Subscription rates are based on an amount in U.S. Dollars. If Player is using local currency, the actual amount may fluctuate based on currency exchange rates without notice. The charges will be applied to the payment instrument or method provided when the subscription was started (or to a different payment instrument or method if Player changes account information). Please note that prices and charges are subject to change. If We make a change to the monthly subscription rate in U.S. Dollars, We will notify Player of such change in advance.
Once Player has purchased a subscription, Player cannot cancel the subscription for the current subscription period as that is activated as soon as the subscription is purchased. However, Player may cancel the subscription for the next subscription period as follows: Player can manage and cancel the subscription at any time in Player "Account Settings" of Player's device.
Except where required by applicable law, paid Subscription fees are non-refundable. Pixode in its sole discretion and at any time may modify the subscription fee. Any Subscription fee change will become effective at the end of the then-current subscription period. The player will be provided reasonable prior notice of any change in the subscription fee. If Player does not take action to agree to the increase in subscription fee, the subscription shall expire at the end of the then-current subscription period.
If Player resides in the European Union, Player acknowledges that Player will no longer have the right to cancel under the EU's Consumer Rights Directive (as implemented by the law of the country where Player is located) once we start to supply the Virtual Item's or Subscription.11. Links to Third-Party Websites or Resources
Services and Apps may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. Player acknowledges sole responsibility for and assumes all risk arising from, Players use of any third-party websites or resources. You acknowledge that these Terms are between You and Us and not with Apple Inc. ("Apple") or Google Inc. ("Google"). The Google Play Store or the Apple App Store have their own terms and conditions to which you must agree to abide by before downloading the Services from them.
You agree to comply with, and Your license to use the Services is conditioned upon Your compliance with, all applicable terms and conditions of the Google Play Store or the Apple App Store.
Please note that the following terms apply in addition to all other provisions in these Terms, if You downloaded the Services to your mobile device from the Apple App Store or Google Play Store:
You acknowledge and agree that:
i. Apple has no obligation to furnish any maintenance and support services with respect to the Services or handle any warranty claims.
ii. Apple is not responsible for addressing any claims You have relating to the Services, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the y Services fails to conform to any applicable legal or regulatory requirement.
iii. Apple and Apple's subsidiaries, are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof.
iv. In the event of any failure of the Services to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Services to You (if applicable) and to the maximum extent permitted by applicable law, and Apple will have no other warranty obligation whatsoever with respect to the Services.
v. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility, in accordance with the provisions of these Terms.
vi. Apple shall not be responsible nor shall you refer to Apple any claim of any third party that the Company Services or your possession and use of the Company Services infringes that third party's intellectual property rights 12. Survival
Upon any termination, discontinuation or cancellation of Services or a Player account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.13. Warranty Disclaimers
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet Players requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content and make no warranty that any errors in the Services will be corrected.
You understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or the Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which We may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.14. Force Majeure
Notwithstanding anything to the contrary contained herein, We shall not be liable for any delays or failures in performance of our obligations resulting from acts beyond Our reasonable control or form acts which are not reasonably foreseeable as of the date of the commencement of the Services, including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, We agree to make a good faith effort to perform Our obligations hereunder. Upon the Occurrence of the Force Majeure event We may suspend Our obligation by providing You with notice detailing the applicable Force Majeure event. In such a case the Terms shall be suspended until such time as the Force Majeure event ceases at which time it will resume automatically. All time table and performance milestones shall be adjusted appropriately. It is agreed that all effects of the Covid-19 pandemic qualify as Force Majeure events as between Player and Us if and to the extent they cause delays or failures of performance.15. Limitation of Liability, Waiver of Liability
IN NO EVENT SHALL PIXODE AND ITS AFFILIATES, WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF PIXODE SERVICES, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
Under no circumstances will PIXODE or its affiliates be responsible or liable for any loss or damage resulting from Your reliance on information or content posted in or transmitted to the Services. Any advice, information or content appearing on the Services is entirely for entertainment purposes only. PIXODE makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Services.
You agree to indemnify, defend, and hold PIXODE, its affiliates and their respective directors, officers, employees, and agents (collectively "Indemnified Parties") harmless from and against any losses arising out of any lawsuit, action, claim, demand, administrative action, arbitration, or other legal proceeding brought or asserted against any Indemnified Party as a result of or in connection with: (a) Your breach or alleged breach of any covenant or representation, or any of the Terms herein; or (b) any violation of applicable law by You. 16. Time Limitation on Claims
Player agrees that any claim Player may have to arise out of or relating to the relationship with us must be filed within one year after such claim arose; otherwise, the claim is permanently barred.
17. Governing Law and Venue
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its choice of law or conflict of law principles. Further, Player and Pixode agree to the jurisdiction of the courts in San Francisco, California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration as set forth below.
18. Dispute Resolution
If Players are having a problem with a Service, many issues can be resolved on one of our forums. Players may find resolution by clicking on the "Support" link on that App. Before bringing a formal legal case, first contact our support team via the App. Most disputes can be resolved that way.19. General Terms
These Terms constitute the entire and exclusive understanding and agreement between Pixode and Player regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pixode and Player regarding the Services and Material. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
The player may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by Player to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If You have any questions, don't hesitate to reach out to Us at: firstname.lastname@example.org