Agreement to Terms
By using our Services, you are agreeing to our Terms, our Community Guidelines
. If you don’t agree to these Terms, our Community Guidelines
, please refrain from using the Services.
Changes to Terms or Services
These Terms may be modified at any time. Should this happen, you will be informed. It is important that the Terms be reviewed by you whenever they are modified because continuing to use the Services after modification is taken as agreement to be bound by the new Terms. If you do not agree to the modified Terms, then you may no longer use the Services. Our Services evolve over time and we may change all or any part of the Services at any time, without notice.
Who May Use our Services
Our Services may be used by persons over the age of 13 years. All users must be able to understand the implications of a binding contract. No persons who are barred from using the Services under applicable law may use our services. Your account will be created by extracting information from Facebook, Gmail or other email account. We must immediately be informed of any unauthorized usage of your account, as you are are responsible for all activities on your account. The disclosing of your account password to another is strictly prohibited.
Rights in App
Should you comply with these terms, you are granted a licence to download and install the app on a mobile device. This licence is limited, nonexclusive, nontransferable, nonsublicenseable.
You may not use the app for commercial purposes, except as permitted in these terms. Under penalty of law, you may not:
- distribute, transfer, sublicense, lease, lend, or rent the App to any third party;
- copy, modify, or create derivative works based on the App;
- make the functionality of the App available to multiple users through any means;
- reverse engineer, decompile, or disassemble the App.
Pixalite UK Ltd. reserves all rights in and to the App not expressly granted to you under these Terms.
Content and Content Rights
The following terms as presented as: (a) “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; (b) “User Content” means any Content that Account holders provide to be made available through the Services. Content includes without limitation User Content.
Should you comply with these Terms, you are granted a personal, noncommercial, nonexclusive, nontransferable, nonsublicensable, revocable license from Pixalite UK Ltd. to download, view, display, and use the Content only in connection with your granted use of the Services.
Pixalite UK Ltd. exclusively owns all rights and titles in accords to the Services and Content, All intellectual property rights belong to Pixalite UK Ltd. and may not be reproduced or modified in any way . Services and Content are protected by copyright, trademark, and other laws as to be acknowledged by you. Removal, alteration or obscuration of any copyright, trademark, service mark, or other proprietary rights notices are punishable by law. User content is owned by the respective users and may be used as desired, as long as this use does not contravene any of the Terms stipulated in this contract.
Rights Granted by You
Any User Content available through Services by you, you automatically grant Pixalite UK Ltd. a nonexclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to Account holders.
The responsibility of User Content lies solely with the creator of said content. You guarantee that you own all User Content created by you, or you have all necessary rights to grant us the license rights in your User Content. You also guarantee that your User Content and your use and provision of your User Content to be made available through the Services, and any use of your User Content by us on or through the Services will not violate, misappropriate or infringe a third party’s property rights (intellectual or otherwise), or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Virtual Money and Virtual Goods
Persons over the age of 18 years may purchase Gold Coins and any other virtual currencies offered through the App for use to purchase virtual items or services expressly available in the app.
Purchases of Virtual Money and Virtual Goods
Virtual Money is a category of Content so the purchase provides a limited, nontransferable, nonsublicensable, revocable license to use said currency to access and purchase Virtual Goods for your personal, non-commercial use of the Services. No ownership rights are granted with the purchase of Virtual Money, Virtual Goods, or other Content; the balance of Virtual Goods or Virtual Money does not reflect any stored value. Virtual Money and Virtual Goods have no monetary value and do not constitute currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and cannot be sold, transferred, or exchanged for “real” money, services or goods. You may only obtain Virtual Money and/or Virtual Goods through means provided by us, and not from any third party unless authorized by Pixalite UK Ltd. Once a license to Virtual Money or Virtual Goods is acquired, you may not transfer the Content to another account. Virtual Money or Virtual Goods sold, transferred, or exchanged in violation of these Terms may be cancelled without notice. Any sale, transfer, or exchange (or attempt to do so) not in accordance with this document is prohibited and your account may be terminated.
You have the right to redeem Virtual Money for Virtual Goods during the term of your licence as stated above. Prices and availability of Virtual Money and Virtual Goods may be changed at any time without notice. Our right is reserved to at any time to change and update our pricing and inventory in regards to Virtual Goods or Virtual Money. All Virtual Money, Virtual Goods, and other Content is provided without warranty. All sales by us to you of Virtual Money and Virtual Goods are final and we will not permit exchanges or refunds, once the transaction has been made, for unused goods.
Purchases by End Users Outside the U.S.
Purchases may only be made by legal residents of countries where these Services are permitted. Please note that once you Virtual Money is purchased from us, any and all rights of withdrawal ends. You will be provided a VAT invoice when it is required by law. These invoices may be electronic in format and you agree to this. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.
Termination of Account or Services
We may cancel, suspend, or terminate Your Account may be cancelled, suspended or terminated and your access to Virtual Money, Virtual Goods and/or Services at any point, in our sole discretion and without prior notice, including if
- (a) your Account is inactive (i.e., not used or logged-into) for one year;
- (b) you fail to comply with these Terms;
- (c) we suspect fraud or misuse by you;
- (d) we suspect any other unlawful activity associated with your Account.
We will not reimburse or refund (nor have any obligation to), you for any Virtual Money or Virtual Goods lost due to above mentioned events. Pixalite UK Ltd. is not required to provide a refund for any reason, whether closure of the account was voluntary or involuntary.
We have the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. Should the use of Virtual Money or Virtual Goods be discontinued, at least 60 days notice shall be provided.
Conduct, General Prohibitions, and Pixalite UK Ltd’s Enforcement Rights
You are responsible for your own conduct and User Content, and for any consequences thereof. Please refer to the Community Guidelines
for more information about prohibited conduct and User Content. The Community Guidelines
acts as a binding document, and forms part of the Terms and Conditions associated with the use of any and all products owned by Pixalite UK Ltd.
In addition, you agree to not:
- post, upload, publish, submit or transmit any Content that 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;
- Make use of, display, copy, or frame the Services or any individual element within the Services, Pixalite UK Ltd’s name, any Pixalite UK Ltd. trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Pixalite UK Ltd’s written consent;
- access, change, or use nonpublic areas of the Services, Pixalite UK Ltd’s computer systems, or the delivery systems of Pixalite UK Ltd’s providers;
- attempt to scan, probe, or check the vulnerability of any Pixalite UK Ltd system or network or breach any authentications or security measures;
- remove, descramble, avoid, impair, deactivate, bypass or otherwise prevent any measure implemented by Pixalite UK Ltd or any of Pixalite UK Ltd’s providers or any other third party (including another user) to protect the Services or Content;
- try to access or search the Services or Content or rip Content from the Services through the use of any technology or means other than those provided by Pixalite UK Ltd or other legally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools or hacks, tools, agents, engines, or devices of any kind);
- extract, scrape, or index the Services or Content (including information about users or game play);
- use meta tags or other hidden text or metadata utilizing a Pixalite UK Ltd trademark, logo, URL, or product name without Pixalite UK Ltd’s written consent;
- forge any TCP/IP packet header or any part of the header in any email or posting, or in any way use the Services or Content to send changed, deceptive, or false information in source identification;
- try to disassemble, reverse engineer, decompile, or decipher any of the software used to provide the Services or Content;
- attempt to interfere with the access of any user, network, or host, including but not limited to sending a virus, flooding, mail-bombing, spamming, or overloading the Services;
- delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
- use the Services or Content for any commercial purpose, or for the benefit of a third party or in an way prohibited by these Terms, including and without limitation to:
- (a) gathering any resources in the App for sale outside of the App,
- (b) performing services in the App in exchange for payment outside the App,
- (c) rent, resell, sell, or lease the App or your Account;
- collect or store personally identifiable information from the Services from other Account Holders of the Services without their permission;
- violate any law or regulation;
- encourage or enable any other individual to do any of the foregoing.
We’re not obligated to monitor access or use of the Services or Content nor to review or edit any Content, but we do have the right to do this to operate the Services and to ensure compliance with this document, and to comply with the law or other legal requirements. We have the right to remove or disable access to any Content at any time and without notice, including if we consider any Content to be distasteful or in contravention of this document. Investigation of violations of this document or conduct that affects the Services is our right. We may consult and cooperate with law enforcement in prosecution of users who violate the law.
Feedback, comments, and suggestions for improvements to the Services are welcomed and encouraged. Feedback can be submitted by reaching out to us on our social media channels. We are granted a nonexclusive, worldwide, perpetual, irrevocable, fullypaid, royaltyfree, sublicensable, and transferable license by you under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Copyright law is respected at Pixalite UK Ltd. and we expect you to do the same. Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders can be deactivated without notice.
Access to and use of the Services may be terminated at any time without notice. Your Account may at any time be cancelled by you. Upon termination, discontinuation, or cancellation of Services the following clauses in this document continue to apply: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence of Termination.
Disclaimer of Warranties
THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty
that the Services will meet your requirements or be available on an uninterrupted, secure, or error free basis. No warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content is made.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT PIXALITE UK LTD. DOES NOT INQUIRE INTO THE BACKGROUND OF ANY USERS. PIXALITE UK LTD MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OF ITS USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON.
Limitation of Liability
NEITHER PIXALITE UK LTD. OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIXALITE UK LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL PIXALITE UK LTD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PIXALITE UK LTD. AND YOU.
These Terms and any action related thereto will be governed by the laws of the United Kingdom without regard to its conflict of laws provisions. These Terms constitute the entire and exclusive understanding and agreement between Pixalite UK Ltd. and you regarding the Services and Content, and these Terms replace any and all prior oral or written understandings or agreements between Pixalite UK Ltd. and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, those provisions will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Pixalite UK Ltd’s written consent. No attempt by you to assign or transfer these Terms, without such consent, will be legal. Pixalite UK Ltd. 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 Pixalite UK Ltd under these Terms, including those regarding modifications to these Terms, will be given:
- (a) via email;
- (b) 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.
Pixalite UK Ltd’s 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 a duly authorized representative of Pixalite UK Ltd. 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 about these Terms or the Services, please contact