Terms of service
Valid from: July, 5, 2024
The terms of this agreement ("Terms of Service") govern the relationship between You and PIXELTECH STUDIO CO LTD (hereinafter referred to as “PIXELTECH STUDIO”), the company acting and organized under the laws of the Kingdom of Thailand, regarding Your use of games, websites and related services ("Service" or “Software”), including all information, text, artworks, images, logos, product and character names, graphics, software, services and the compilation of the foregoing, available for Your use.
Use of Service is also governed by Privacy Policy which is herein incorporated by reference. You must agree to these Terms of Service and the Privacy policy before accessing and using the Service.
PIXELTECH STUDIO is a developer and publisher of games and mobile game applications (our "Games"). Our Games download/purchase page may contain certain additional terms, conditions and requirements, which constitute a part of the Terms of Service. In case you download/purchase the Apps through an online store such as Google Play Store, Apple App Store, etc. (“Online Store”), please, review the terms and conditions of the owner of that particular Online Store, which may provide for certain additional requirements applicable to the download of the Apps through that Online Store, its installation and use.
You represent that You are 16 years or older. If You are over 16 years, but younger than 18 years, You can only download our Games and play them on Your device, if Your parent(s) or legal guardian have/has reviewed this Agreement and allowed You to download and play our Game subject to these Agreement. PIXELTECH STUDIO may require adequate proof of Your identity and age and consent from a parent or guardian at any time.
You represent that You are accessing our Games as a private person (consumer). Service offered by PIXELTECH STUDIO is intended solely for the purpose of entertainment. No commercial use of our Games is allowed.
If You do not agree to the Agreement and/or Privacy Policy, You may not use or otherwise access Service. Use of the Services is void where prohibited.
Use of the Software
The software is supplied «AS IS» PIXELTECH STUDIO disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability and fitness for any purpose with respect to the software. You assume the entire risk of using the software.
Subject to the terms of this Agreement, PIXELTECH STUDIO grants You a non-exclusive, non-transferable, non-sublicensable, revocable, limited-right license subject to the limitations below to access and use copyright or otherwise legally protected materials provided as part of the Service for Your personal non-commercial entertainment purpose.
You may not use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the software or other products, services, or processes accessible through our website or Games except as expressly authorized herein or in the applicable end-user license agreement. You also acknowledge and agree that you will not transmit, upload, or attempt to transmit or upload viruses, adware, spyware, worms, or any other malicious or invasive code.
You understand that introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your device and other equipment.
Certain Restrictions
The rights granted to You in this Agreement are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Service;
(b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(c) You shall not access Service in order to build a similar or competitive service or application;
(d) except as expressly stated herein, no part of Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or
(e) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in Service. Any future release, update, or other addition to functionality of Service (including in-app purchases in Games (Virtual items and Virtual Currency, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.
Ownership
The copyright or otherwise legally protected materials provided as part of the Service provided to You are licensed to You and not sold.
PIXELTECH STUDIO (and its licensors, where applicable) own all rights, title and interest, including without limitations any Games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by PIXELTECH STUDIO and/or received or made available while playing the Games or developed during the course of the Games, and all related intellectual property rights, in and to Service.
Copyright
Copyright, trademarks, and all other proprietary rights shown in Service (including, but not limited to, software, services, text, graphics, and logos) are reserved to PIXELTECH STUDIO, except for the cases specified in this clause. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the website, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of PIXELTECH STUDIO is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
We also use the following third-parties' trademarks in our website:
- Apple, the Apple logo, iPhone, and iPad, which are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.
- Google Play and the Google Play logo are trademarks of Google LLC.
Third Parties
Third-Party Services
When using the Services third parties may offer you certain third-party applications (like leaderboards, game networks) to provide content through the Game («Third Party Services»).
Upon your acceptance of this offer PIXELTECH STUDIO may then permit such Third Party Services.
The Game may be used to send content provided by the Third-Party Service between users who has the Third-Party Service installed on their device. When You do so, PIXELTECH STUDIO will share information with the Third-Party Service as described in the PIXELTECH STUDIO Privacy Policy to the extent necessary for the third party to provide the Third-Party Services. PIXELTECH STUDIO is not responsible for and does not control Third-Party Services. PIXELTECH STUDIO supports these Third-Party Services only as far as you ordered them from the third party. PIXELTECH STUDIO has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at Your own risk. When You access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.
Links to Third Parties
Our Services may feature advertisements from third party companies. Please review our Privacy Policy which explains what information we share with advertisers. We are not responsible for the availability of such websites or resources of the third parties, and we are not responsible or liable for any content, advertising, or services they provide.
Any content, advertising or services by such third party are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third party before using their services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. PIXELTECH STUDIO is not liable for any claim relating to any content, goods or services of third parties.
Other users
A Game may contain User Generated Content (UGC) provided by other users of the Game.
PIXELTECH STUDIO is not responsible for and does not control the UGC. PIXELTECH STUDIO has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to UGC. You use all UGC and interact with other users at Your own risk. Your interactions with other users are solely between You and the other user and we are under no obligation to become involved. You agree that PIXELTECH STUDIO will not be responsible for any liability incurred as the result of any such interactions.
Release
You hereby irrevocably and unconditionally release and forever discharge PIXELTECH STUDIO (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.»
Payments and Refunds
General provisions
When you purchase the Apps from the Online Store, including subscriptions and in-app purchases (Virtual Items and Virtual Currency), the payment for such purchases may be processed either by third parties on our behalf, or directly by the owner of the Online Store.
When purchasing the Apps, including subscriptions and in-app purchases, you agree that the digital content will be available to you immediately, and acknowledge that you will lose your rights to the 14 days cancellation period and refunds available for EU and EEA residents. If you download the Apps from the Online Store owner, before effecting the purchase from the Online Store, please also review and accept the terms and conditions of the Online Store owner with regard to your rights to cancel orders and get related refunds. Thus, if You have any payment related issues, then You need to contact App Store or Google Play directly.
All purchases and redemptions of Virtual Items and Virtual Currency, as well as payments for the Subscriptions, made through Service are final and non-refundable, except when required by law. You agree that PIXELTECH STUDIO is not required to provide a refund for Virtual Items and Virtual Currency for any reason, and that You will not receive money or other compensation for unused Virtual Items and Virtual Currency, whether You lost license under this Agreement voluntary or involuntary.
Please note that if You request Your personal data to be erased as specified in PIXELTECH STUDIO´s
Privacy Policy, You will permanently and without a right to a refund lose all Your Virtual Items and Virtual Currency as PIXELTECH STUDIO can no longer associate such Virtual Items and Virtual Currency with You.
YOU ACKNOWLEDGE THAT PIXELTECH STUDIO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
Subscriptions
Some parts of the Service are billed on a subscription basis («Subscription(s)»). Subscription provides access to dynamic content or services in the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game («Subscription Period»). Payments for such subscriptions would be charged at your Apple App Store or Google Play account («Account») when You confirm the Subscription by available confirmation tools of the Game. You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.
Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Game. If You do not cancel the Trial Subscription within such period, Subscription Fee shall be withdrawn from Your Account when the trial period expires.
Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-day trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. This must be done 24 hours before the end of the free trial subscription period (Apple App Store), or at any time before the end of the free trial subscription period (Google Play Store), otherwise it will be renewed as a paid subscription. PIXELTECH STUDIO cannot cancel Your free-trial subscription if it has already been activated.
Subscription is automatically renewable for the same price and duration period as the original subscription package chosen by You, unless You turn off it: in case of an Apple App Store, at least 24-hours before the end of the current subscription period, or (ii) in case of Google Play Store, at any time before the end of the subscription period. Subscription Fee for renewal shall be taken from Your Account within 24-hours prior to the end of the current subscription period (Apple App Store), or at the end of the subscription period (Google Play Store) at the cost of the chosen package. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.
Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. If Subscription has already been activated, You can cancel the Subscription at any time and the cancellation will take effect after the end of the last day of that subscription period.
Except when required by law, paid Subscription Fees are non-refundable.
PIXELTECH STUDIO 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 current Subscription period.
You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period.
Warranties and Disclaimers
ALL INFORMATION, SOFTWARE, AND SERVICE OFFERED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
PIXELTECH STUDIO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE OF SERVICE AT THE TIMES AND LOCATIONS OF YOUR CHOOSING; THAT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OT THAT THE GAMES OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PIXELTECH STUDIO ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.
IN NO CASE SHALL PIXELTECH STUDIO BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PIXELTECH STUDIO INFORMATION) REGARDLESS OF WHETHER PIXELTECH STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICE OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR PROVIDE SPECIAL CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that have 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; and (iii) You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation.
Indemnity
You agree to defend, indemnify and hold harmless PIXELTECH STUDIO (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) Your use of any Game, (ii) Your UGC, or (iii) Your violation of this Agreement.
PIXELTECH STUDIO reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PIXELTECH STUDIO and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior
written consent of PIXELTECH STUDIO. PIXELTECH STUDIO will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it Modifications of this Agreement PIXELTECH STUDIO is entitled at any time to amend or supplement these Terms and any related provisions (e.g. PIXELTECH STUDIO’s Privacy Policy). PIXELTECH STUDIO shall publish any amendments to these Terms on its website and may also use other means of notification (e.g. in-game, newsletter, pop-up). The date on which the latest update was made is indicated at the top of this document.
Such changes will only affect the relationship with You for the future. The continued use of the Services will signify Your acceptance of the revised Terms. If You do not wish to be bound by the changes, you must stop using the Services. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to Your acceptance. You can obtain any previous version from the PIXELTECH STUDIO via contacting us at: [email protected].
We recommend that You print a copy of this Agreement for Your reference and revisit this web-page from time to time to ensure You are aware of any changes.
Term and Termination
This Agreement runs for an indefinite term.
Either Party may terminate this Agreement at any time by giving 14 days notice (written or electronic communication, e.g. via e-mail, required). However, You may also terminate the User Agreement with immediate effect by deleting the Game from Your device or removing the Game from Your Facebook apps. Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
Upon expiry, You will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted.
Without limiting the foregoing, PIXELTECH STUDIO reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to PIXELTECH STUDIO by the copyright owner or the copyright owner’s legal agent.
Notice
Any notice provided to PG pursuant to this Agreement should be sent to [email protected]
Severability
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Valid from: July, 5, 2024
The terms of this agreement ("Terms of Service") govern the relationship between You and PIXELTECH STUDIO CO LTD (hereinafter referred to as “PIXELTECH STUDIO”), the company acting and organized under the laws of the Kingdom of Thailand, regarding Your use of games, websites and related services ("Service" or “Software”), including all information, text, artworks, images, logos, product and character names, graphics, software, services and the compilation of the foregoing, available for Your use.
Use of Service is also governed by Privacy Policy which is herein incorporated by reference. You must agree to these Terms of Service and the Privacy policy before accessing and using the Service.
PIXELTECH STUDIO is a developer and publisher of games and mobile game applications (our "Games"). Our Games download/purchase page may contain certain additional terms, conditions and requirements, which constitute a part of the Terms of Service. In case you download/purchase the Apps through an online store such as Google Play Store, Apple App Store, etc. (“Online Store”), please, review the terms and conditions of the owner of that particular Online Store, which may provide for certain additional requirements applicable to the download of the Apps through that Online Store, its installation and use.
You represent that You are 16 years or older. If You are over 16 years, but younger than 18 years, You can only download our Games and play them on Your device, if Your parent(s) or legal guardian have/has reviewed this Agreement and allowed You to download and play our Game subject to these Agreement. PIXELTECH STUDIO may require adequate proof of Your identity and age and consent from a parent or guardian at any time.
You represent that You are accessing our Games as a private person (consumer). Service offered by PIXELTECH STUDIO is intended solely for the purpose of entertainment. No commercial use of our Games is allowed.
If You do not agree to the Agreement and/or Privacy Policy, You may not use or otherwise access Service. Use of the Services is void where prohibited.
Use of the Software
The software is supplied «AS IS» PIXELTECH STUDIO disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability and fitness for any purpose with respect to the software. You assume the entire risk of using the software.
Subject to the terms of this Agreement, PIXELTECH STUDIO grants You a non-exclusive, non-transferable, non-sublicensable, revocable, limited-right license subject to the limitations below to access and use copyright or otherwise legally protected materials provided as part of the Service for Your personal non-commercial entertainment purpose.
You may not use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the software or other products, services, or processes accessible through our website or Games except as expressly authorized herein or in the applicable end-user license agreement. You also acknowledge and agree that you will not transmit, upload, or attempt to transmit or upload viruses, adware, spyware, worms, or any other malicious or invasive code.
You understand that introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your device and other equipment.
Certain Restrictions
The rights granted to You in this Agreement are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Service;
(b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(c) You shall not access Service in order to build a similar or competitive service or application;
(d) except as expressly stated herein, no part of Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or
(e) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in Service. Any future release, update, or other addition to functionality of Service (including in-app purchases in Games (Virtual items and Virtual Currency, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.
Ownership
The copyright or otherwise legally protected materials provided as part of the Service provided to You are licensed to You and not sold.
PIXELTECH STUDIO (and its licensors, where applicable) own all rights, title and interest, including without limitations any Games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by PIXELTECH STUDIO and/or received or made available while playing the Games or developed during the course of the Games, and all related intellectual property rights, in and to Service.
Copyright
Copyright, trademarks, and all other proprietary rights shown in Service (including, but not limited to, software, services, text, graphics, and logos) are reserved to PIXELTECH STUDIO, except for the cases specified in this clause. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the website, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of PIXELTECH STUDIO is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
We also use the following third-parties' trademarks in our website:
- Apple, the Apple logo, iPhone, and iPad, which are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.
- Google Play and the Google Play logo are trademarks of Google LLC.
Third Parties
Third-Party Services
When using the Services third parties may offer you certain third-party applications (like leaderboards, game networks) to provide content through the Game («Third Party Services»).
Upon your acceptance of this offer PIXELTECH STUDIO may then permit such Third Party Services.
The Game may be used to send content provided by the Third-Party Service between users who has the Third-Party Service installed on their device. When You do so, PIXELTECH STUDIO will share information with the Third-Party Service as described in the PIXELTECH STUDIO Privacy Policy to the extent necessary for the third party to provide the Third-Party Services. PIXELTECH STUDIO is not responsible for and does not control Third-Party Services. PIXELTECH STUDIO supports these Third-Party Services only as far as you ordered them from the third party. PIXELTECH STUDIO has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at Your own risk. When You access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.
Links to Third Parties
Our Services may feature advertisements from third party companies. Please review our Privacy Policy which explains what information we share with advertisers. We are not responsible for the availability of such websites or resources of the third parties, and we are not responsible or liable for any content, advertising, or services they provide.
Any content, advertising or services by such third party are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third party before using their services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. PIXELTECH STUDIO is not liable for any claim relating to any content, goods or services of third parties.
Other users
A Game may contain User Generated Content (UGC) provided by other users of the Game.
PIXELTECH STUDIO is not responsible for and does not control the UGC. PIXELTECH STUDIO has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to UGC. You use all UGC and interact with other users at Your own risk. Your interactions with other users are solely between You and the other user and we are under no obligation to become involved. You agree that PIXELTECH STUDIO will not be responsible for any liability incurred as the result of any such interactions.
Release
You hereby irrevocably and unconditionally release and forever discharge PIXELTECH STUDIO (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.»
Payments and Refunds
General provisions
When you purchase the Apps from the Online Store, including subscriptions and in-app purchases (Virtual Items and Virtual Currency), the payment for such purchases may be processed either by third parties on our behalf, or directly by the owner of the Online Store.
When purchasing the Apps, including subscriptions and in-app purchases, you agree that the digital content will be available to you immediately, and acknowledge that you will lose your rights to the 14 days cancellation period and refunds available for EU and EEA residents. If you download the Apps from the Online Store owner, before effecting the purchase from the Online Store, please also review and accept the terms and conditions of the Online Store owner with regard to your rights to cancel orders and get related refunds. Thus, if You have any payment related issues, then You need to contact App Store or Google Play directly.
All purchases and redemptions of Virtual Items and Virtual Currency, as well as payments for the Subscriptions, made through Service are final and non-refundable, except when required by law. You agree that PIXELTECH STUDIO is not required to provide a refund for Virtual Items and Virtual Currency for any reason, and that You will not receive money or other compensation for unused Virtual Items and Virtual Currency, whether You lost license under this Agreement voluntary or involuntary.
Please note that if You request Your personal data to be erased as specified in PIXELTECH STUDIO´s
Privacy Policy, You will permanently and without a right to a refund lose all Your Virtual Items and Virtual Currency as PIXELTECH STUDIO can no longer associate such Virtual Items and Virtual Currency with You.
YOU ACKNOWLEDGE THAT PIXELTECH STUDIO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
Subscriptions
Some parts of the Service are billed on a subscription basis («Subscription(s)»). Subscription provides access to dynamic content or services in the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game («Subscription Period»). Payments for such subscriptions would be charged at your Apple App Store or Google Play account («Account») when You confirm the Subscription by available confirmation tools of the Game. You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.
Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Game. If You do not cancel the Trial Subscription within such period, Subscription Fee shall be withdrawn from Your Account when the trial period expires.
Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-day trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. This must be done 24 hours before the end of the free trial subscription period (Apple App Store), or at any time before the end of the free trial subscription period (Google Play Store), otherwise it will be renewed as a paid subscription. PIXELTECH STUDIO cannot cancel Your free-trial subscription if it has already been activated.
Subscription is automatically renewable for the same price and duration period as the original subscription package chosen by You, unless You turn off it: in case of an Apple App Store, at least 24-hours before the end of the current subscription period, or (ii) in case of Google Play Store, at any time before the end of the subscription period. Subscription Fee for renewal shall be taken from Your Account within 24-hours prior to the end of the current subscription period (Apple App Store), or at the end of the subscription period (Google Play Store) at the cost of the chosen package. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.
Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. If Subscription has already been activated, You can cancel the Subscription at any time and the cancellation will take effect after the end of the last day of that subscription period.
Except when required by law, paid Subscription Fees are non-refundable.
PIXELTECH STUDIO 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 current Subscription period.
You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period.
Warranties and Disclaimers
ALL INFORMATION, SOFTWARE, AND SERVICE OFFERED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
PIXELTECH STUDIO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE OF SERVICE AT THE TIMES AND LOCATIONS OF YOUR CHOOSING; THAT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OT THAT THE GAMES OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PIXELTECH STUDIO ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.
IN NO CASE SHALL PIXELTECH STUDIO BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PIXELTECH STUDIO INFORMATION) REGARDLESS OF WHETHER PIXELTECH STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICE OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR PROVIDE SPECIAL CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that have 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; and (iii) You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation.
Indemnity
You agree to defend, indemnify and hold harmless PIXELTECH STUDIO (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) Your use of any Game, (ii) Your UGC, or (iii) Your violation of this Agreement.
PIXELTECH STUDIO reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PIXELTECH STUDIO and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior
written consent of PIXELTECH STUDIO. PIXELTECH STUDIO will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it Modifications of this Agreement PIXELTECH STUDIO is entitled at any time to amend or supplement these Terms and any related provisions (e.g. PIXELTECH STUDIO’s Privacy Policy). PIXELTECH STUDIO shall publish any amendments to these Terms on its website and may also use other means of notification (e.g. in-game, newsletter, pop-up). The date on which the latest update was made is indicated at the top of this document.
Such changes will only affect the relationship with You for the future. The continued use of the Services will signify Your acceptance of the revised Terms. If You do not wish to be bound by the changes, you must stop using the Services. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to Your acceptance. You can obtain any previous version from the PIXELTECH STUDIO via contacting us at: [email protected].
We recommend that You print a copy of this Agreement for Your reference and revisit this web-page from time to time to ensure You are aware of any changes.
Term and Termination
This Agreement runs for an indefinite term.
Either Party may terminate this Agreement at any time by giving 14 days notice (written or electronic communication, e.g. via e-mail, required). However, You may also terminate the User Agreement with immediate effect by deleting the Game from Your device or removing the Game from Your Facebook apps. Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
Upon expiry, You will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted.
Without limiting the foregoing, PIXELTECH STUDIO reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to PIXELTECH STUDIO by the copyright owner or the copyright owner’s legal agent.
Notice
Any notice provided to PG pursuant to this Agreement should be sent to [email protected]
Severability
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.