• 1 If you do not agree to these Terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these Terms requires any action from you in order to accept the updated Terms, then you may not be able to continue to use the Services until you have taken such action.

• 2 These Terms represent a legal agreement between you and Pixelmotion Limited, with registered office address at 34 Lyndhurst Drive, Harpenden, Hertfordshire AL55RJ (company registration number XXXXXXX and VAT number XXXXXXXXXX). The parties intend that the Terms of this agreement inure to the benefit of Pixelmotion’s Affiliates (as defined in paragraph 1.5 below).

• 3 By downloading, installing, accessing or using the Services, you confirm that:

  • 3.1 you have read and understood these Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by these Terms; and

  • 3.2 you are at least 13 years old, or else you must not use our Services. If you are the parent or guardian of a minor aged 13 or older (depending on the applicable laws of your country), you are agreeing to these Terms on your behalf and on behalf of your minor(s) who you have authorised to use the Service pursuant to these Terms.

• 4 FOR RESIDENTS IN THE USA: IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN SECTION 21.

• 5 In these Terms references to “Pixelmotion”, "we", "us" and "our" are references to Pixelmotion Limited as well as Pixelmotion Limited’s Affiliates where appropriate. “Affiliate” means any entity controlling, controlled by or under common control with Pixelmotion, where ‘control’ means the direct or indirect ownership of more than fifty percent (50%) of such entity’s capital or equivalent voting rights.

• 6 These Terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, or Amazon App Store or the Microsoft Store), on any website or platform where you can play our Games such as www.facebook.com. You agree that by accessing and/or using our Services, you are agreeing to these Terms and our Privacy Policy (see Section 13 below).

• 7 YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority and over the age of 13, your parent or legal guardian must consent to these Terms as set out in paragraph 1.3.

• 8 You can access the latest version of these Terms at any time at pixelmotion.games/TermsAndConditions. We can make changes to these Terms at any time in accordance with Section 17 below and, except as provided in Section 21.7 (Opting Out/Rejecting Future Arbitration Changes) below, your continued use of our Services after the Terms have been updated shall confirm your acceptance of the updated Terms.

About accessing and using our Services

• 1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you will comply with them in respect of each individual Game which you choose to access and/or play.

• 2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

• 3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. See Section 8 below for more information.

Gameplay

Gameplay, Tools, and Support

• When you use our Services, we may use tools such as AI, your gameplay information (such as your past scores, your country, the level you have reached in a Game, your purchase history, or any other gameplay activity) and/or your personal data to enhance our customer support and your in-game experience. For example, if you send us a query, we may use AI tools which take into account your query details, gameplay information and/or your personal data to offer you the most appropriate support experience. We may also use AI tools, your gameplay information and/or your personal data to personalise your experience of the Services by, for example, adjusting the game challenge to keep it fresh and exciting, and offering customised Services, in-game events, offers, promotions, and/or levels.
  We may process your precise geolocation data to deliver news, updates, and offers from Pixelmotion, as well as partner deals tailored to your location. This functionality is available only in supported regions and requires both geolocation tracking and marketing push notifications to be enabled, which you can manage in your device and in-game settings. For more information on how your personal data is processed, please see ourPrivacy Policy.

Virtual Content

• 1 Our Games may include virtual currencies such as sheep ("Virtual Money"), items or services for use within our Games ("Virtual Goods”), or other in-game features ("Subscriptions"). Virtual Goods, Virtual Money and Subscriptions will together be referred to in these Terms as "Virtual Content".To benefit from or use some Virtual Content in our Games, you may first have to reach a certain level or progress to a certain point. To the fullest extent permitted under applicable law, you agree that (once purchased) Virtual Content has no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Content is not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Content to anyone else. For the purposes of this Section 4, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Content is successfully credited to your account on our servers.

• 2 You do not own Virtual Content but instead you purchase a limited personal revocable licence to use them. To the fullest extent permitted under applicable law, any inclusion or balance of Virtual Content does not reflect any stored value. For avoidance of doubt, and with particular reference to Section 17500.6 of the California Business and Professions Code, references to “purchasing” or “buying” Virtual Content (or other words to that effect) in these Terms or in any Games refers to us providing you with a personal revocable licence to use the Virtual Content, and accordingly your access and use of the Virtual Content may be revoked, including without limitation for breach of these Terms (please see Section 7.1 below for more information).

• 3 Prices for all Virtual Content exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the fullest extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law.

Virtual Money and Virtual Goods

• 4 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made. Notwithstanding the foregoing, if you are resident in the European Economic Area, you have the right to withdraw from the purchase and the associated purchase terms (which may be set out by the applicable payment intermediary for the purchase, for example Google or Apple) within fourteen (14) calendar days. However, as a resident in the European Economic Area, you agree that when you purchase Virtual Goods and/or Virtual Money from us, you request immediate performance and that you understand this means you will lose your statutory right to withdraw from your purchase and the associated terms once you access and use the Virtual Goods and/or Virtual Money. If you are resident in the United Kingdom, when you purchase Virtual Goods and/or Virtual Money and we immediately supply the Virtual Goods and/or Virtual Money to you, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from your purchase and the associated terms.

Connecting your game play

• 8 We reserve the right to control, regulate, change or remove any Virtual Content without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.

• 9 We may revise the pricing for Virtual Goods and Virtual Money at any time. We may also revise the pricing for Subscriptions offered through the Services with reasonable notice to you and in accordance with applicable law, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period. When we give you notice, we will remind you that your continued use after the end of your then-current Subscription period means that you accept the new Subscription prices. To the maximum extent permitted by applicable law, if you don't cancel before the price changes come into force, you will be deemed to have accepted those modifications. If you are resident in Germany, nothing in this paragraph 4.9 is intended to affect your statutory rights, and we will enact any price revisions in accordance with applicable law.

• 10 We may limit the total amount of Virtual Content that may be purchased at any one time, and/or limit the total amount of Virtual Content that may be held in your account in the aggregate. You are only allowed to obtain Virtual Content from us or our authorised partners through the Services, and not in any other way.

• 11 Depending on your platform, any Virtual Content purchased may be subject to your platform provider's terms of service and user agreement. Usage rights for each purchase may differ from item to item. For the Apple App Store, please review the Apple Media Services Terms and Conditions. For the Google Play Store, please review the Google Play Terms of Service. If you are unsure about usage rights you should check with your platform or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the Game.

• 13 The charge for any Virtual Content that you can purchase via our Services will be as stated in our Services at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase. We accept payment via our payment processing partners by credit card, debit card, carrier billing and any other payment method we expressly authorise during the payment process. Our payment processing partners may have their own terms and conditions and you should ensure you agree with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavour to fulfil your order immediately at the point of purchase.

5 User conduct and content

• 1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if applicable, stop accessing and/or using our Services. You must also comply with our Code of Conduct when you use our Services.

• 2 You promise that all the information you provide to us on accessing and/or using our Services is and will remain true, accurate and complete at all times.

• 3 Information, data, software, sound, photographs, graphics, video, messages, tags, usernames, guild names or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user ("Content"). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

• 4 You agree not to upload, communicate, transmit or otherwise make available any Content or otherwise use the Services in any way:

  • that is or could reasonably be viewed as unlawful, harmful, harassing, grooming, defamatory, libellous, obscene or otherwise objectionable;
  • that is or could be reasonably viewed as toxic and/or abusive behaviour, or behaviour that is intended to unreasonably undermine or disrupt the Game experiences of others or affect other players;
  • that is or could reasonably be viewed as invasive of another's privacy or violate any privacy rights;
  • that is likely to, or could reasonably be viewed as likely to incite violence, terrorist activities or racial or ethnic hatred;
  • which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
  • which infringes any intellectual property right or other proprietary right of others;
  • which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
  • which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

• 5 You agree that you will not:

  • use our Services to harm anyone or to cause offence to or harass any person, or otherwise use our Services to act in a way that is intended to unreasonably undermine or disrupt the Game experiences of others or affect other players (including, without limitation, engaging in toxic or abusive behaviour);
  • use the Services or any third-party systems to commit an illegal or fraudulent action that is prohibited under applicable laws and/or under these Terms;
  • exploit, in its entirety or individual components, the Services for any purpose not expressly authorised by us, including, without limitation:
    • playing the Game(s) at commercial establishments;
    • gathering in-game currency, items, or resources for sale/selling/exchanging outside of our Services;
    • performing in-game services including, without limitation, account boosting or power-levelling, in exchange for payment or otherwise;
    • communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Services; or
    • organising, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, our Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorisation.
  • use another person or entity’s email address in order to sign up to use our Services;
  • use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
  • disguise, anonymise or hide your IP address or the source of any Content that you may upload;
  • use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
  • remove or amend any proprietary notices or other ownership information from any part of our Services;
  • interfere with or disrupt our Services or servers or networks that provide our Services;
  • attempt to modify, decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
  • 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
  • disobey any requirements or regulations of any network connected to our Services;
  • use our Services in violation of any applicable law or regulation;
  • use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms;
  • be abusive, aggressive, demeaning or conduct offensive behaviour towards customer service representatives by any means like chat, email, phone or any other means of communication; or
  • use our Services in any other way not permitted by these Terms.
    
    You acknowledge that we may use your gameplay information and/or your personal data to monitor, detect, investigate, and enforce compliance with Section 5.4, 5.5, and other provisions of these Terms. This includes, without limitation, identifying activities such as abusive behaviour, exploitation of game mechanics, or any behaviour that violates applicable laws and regulations. For more information on how we use your personal data, please see our Privacy Policy.

• 10 You are solely responsible for your interactions with other users of our Services. To the fullest extent permitted under applicable law, you agree that you will not hold Pixelmotion liable for any loss or damage arising from the Content (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.

• 11 Use of the Services: You may only use our Services and any materials found in them (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, "Materials") in accordance with these Terms and you agree to comply with these Terms at all times. Pixelmotion grants you a non-exclusive, non-transferable licence, to access and use the Services for your personal use only, unless we expressly state otherwise in writing. Such licence is subject to these Terms and does not include: (a) any commercial use of the Services, or the Materials therein; (b) the distribution, public performance, public display, making publicly available, or other unauthorised exploitation of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Materials other than for their intended purposes. Any use of the Services or the Materials other than as specifically authorised herein, without the prior written permission of Pixelmotion, is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any licence to intellectual property rights. Pixelmotion may, subject to applicable laws and acting reasonably, revoke this licence at any time (including, but not limited to, for any breach of these Terms). All right, title and interest in and to the Services, the Materials and all associated proprietary rights are owned by Pixelmotion or its licensors, and no ownership of any of the foregoing items is transferred to you by virtue of these Terms or Pixelmotions permitting you to use the Services. Pixelmotion reserves all rights in and to the Materials not expressly granted herein.

8 Availability of the Services

• 1 For residents in the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.

• 2 For residents outside the United States and the European Economic Area: We do not guarantee that any of our Services will be available or error-free at all times or at any given time but we will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Content or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. If such circumstances result in material and significant degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. Notwithstanding the foregoing, we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control. You also acknowledge and agree that we are not liable for any errors relating to Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party).We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.

• 3 For residents in the European Economic Area: Notwithstanding the fact that we do not guarantee that any of our Services will be available, uninterrupted, or error-free at all times or at any given time, and you agree that we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control, your local laws may provide you with a legal guarantee that the Services will be in legal conformity at the time of supply and during the life of these Terms with you. Under this legal guarantee, we will be liable for lack of conformity of the Games and/or Virtual Content and you may have a right under your local laws to: (a) have the Games and/or Virtual Content brought back into conformity; or (b) a proportionate refund and/or termination of these Terms (or the applicable purchase terms if you've purchased the Games and/or Virtual Content from a third party). Other than this legal guarantee and to the fullest extent permitted by applicable law, no other warranties of any kind, express or implied, are included as part of these Terms. If you are resident in France, the Terms in Appendix 1 (Section C) apply to your statutory guarantee. To the fullest extent permissible under applicable law, you also acknowledge and agree that we are not liable for any errors relating to any Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party). We may change and update our Services in whole and in part, in order to, for example (without limitation):

  • ensure compliance with applicable laws and/or reflect change in relevant laws and regulatory requirements;
  • perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements;
  • update or upgrade our Services including updating the structure, design, or layout of our Services;
  • release new Services, end support for older Services, or close down certain Services if we have good reason to do so;
  • balance, maintain, improve, update, or renew a Service;
  • ensure the security of our Services; and
  • to combat illegal and/or harmful activities, including the use of unauthorised programs or other activities which breach these Terms.
    

  Unless otherwise required by applicable laws and provided that any such updates do not result in material derogation in the functionality of the Services, you grant us consent to deploy and apply such patches, updates, and modifications and we may update the Services remotely without notifying you. If any updates to our Services result in a negative impact to your access or use of the Services in a more than minor way, we will give you notice of such changes. If you don't agree to the changes, you will be able to terminate these Terms within 30 days from the date of any notice we provide, or 30 days from when the change comes into effect, whichever is later. If you are resident in Germany, we will give you at least six (6) weeks' notice of such changes, and you will have 30 days from our notice of the change or from when the change comes into effect (whichever is later) to reject the changes and terminate these Terms. For residents in the European Economic Area, you may also be able to receive a proportionate refund for aspects of the Services, such as Subscriptions, paid for but not received. Please contact us at support@pixelmotion.co.uk for more information. If you do not object to the changes or terminate these Terms within the stated time limit, we will take that as your acceptance of the changes. For avoidance of doubt, nothing in these Terms will preclude us from discontinuing the Services or any part of them, provided that we provide sufficient notice to you as required by applicable laws.

9 For residents in the United States - Limitation of Liability and Indemnity

• 1 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR SERVICES ARE "AS IS" AND WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE CONTENT OF THE SERVICES WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PIXELMOTION NOR ITS AFFILIATES WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SERVICES (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER ANY THEORY OF LIABILITY WILL OUR LIABILITY EXCEED THE LESSER OF (A) THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENCE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR SERVICES OR; (B) THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

• 2 Indemnification: YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD PIXELMOTION, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS OR DEMAND, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, YOUR VIOLATION OF RULES FOR OUR GAMES, COMPETITIONS, OR TOURNAMENTS, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, OR ANY ACTION BY YOU THAT REQUIRES ENFORCEMENT OF THESE TERMS. NOTHING IN THESE TERMS WILL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. YOU FURTHER AGREE THAT YOU WILL NOT SUE OR RECOVER ANY DAMAGES FROM PIXELMOTION, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNER, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR DENY ACCESS TO ANY SERVICE, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PIXELMOTION’S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.

10 For residents outside the United States – Limitation of Liability

• 1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.

• 2 We are not responsible for:

  • losses or harm not caused by our breach of these Terms or negligence;
  • losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these Terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
  • any damage that may be caused to any device on which you access or use any of our Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services;
  • any loss or damage, or any increase in loss or damage resulting from breach by you of any of these Terms;
  • any use by you of the Services which isn't authorised by us under these Terms;
  • any lack of functionality or failure to provide any part of the Services that is due to:
    • malfunctions or faults in your chosen equipment, devices, operating system, or internet connection (including malware, viruses or bugs originating from third parties or any of your devices); or
    • your failure to download or install any update or the most recent published version of any Service in order to benefit from updated functionality or to meet compatibility requirements, where we have informed you of the update, explained the consequences of failing to install the update, and provided installation instructions;
  • any lack of functionality or incompatibility where your chosen equipment, devices, operating system or internet connection does not meet the specific requirements provided by us; or

  • technical failures or the lack of availability of any of our Services where these are not within our reasonable control.

• 3 For any losses or harm (other than those mentioned in paragraph 10.1 and subject to paragraph 10.2) in any period of twelve months, to the fullest extent permitted under applicable law, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these Terms up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these Terms.

• 4 Subject to applicable law and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services. Any additional legal rights, such as any applicable statutory rights of legal conformity (for example, see paragraph 8.3 above) which you may have as a consumer, remain unaffected by these Terms.

11 Intellectual Property

• 1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.

• 2 Whilst you are in compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object or source code) for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use our Services for anything else. We do not permit bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with our Services. These Terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch will be deemed part of the Services for the purposes of these Terms.

• 3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENCE GRANTED TO YOU BY THESE TERMS, YOU WILL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY PIXELMOTION ACCOUNTS OR ANY VIRTUAL CONTENT. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.

• 4 In particular, and without limiting the application of paragraph 11.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Content, whether on a free of charge basis or otherwise.

• 5 By submitting Content (as defined in paragraph 5.3) via our Services you:

  • are representing that you are fully entitled to do so;
  • represent and warrant that you are fully able to grant the licences set out in this paragraph 11.5;
  • represent and warrant that the Content does not infringe upon the copyright, trademark, patent, trade secret or other rights of any third party;
  • grant us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, royalty free, right and licence to exploit the Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised;
  • grant us the unlimited right to edit, adapt, translate, reformat, manufacture, rearrange and transpose, distribute, sell, sub-licence, transmit, provide access to, publish and use the Content you submitted, any derivative works we may create from it and any elements contained therein, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
  • acknowledge that you may have what are known as moral rights in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. To the maximum extent permitted by applicable law, you agree to waive any such moral rights you may have in the Content or, if a waiver is not possible under applicable law,not to assert such moral rights; and
  • agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
    

• 6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights in the Content have been infringed by another user of our Services, and the infringed Content is hosted on our Services that are under our direct control, you may contact us by emailing the following information to support@pixelmotion.co.uk with:

  • a description of the intellectual property rights and an explanation as to how they have been infringed;
  • a description of where the infringing material is located;
  • your address, phone number and email address;
  • a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.
    

• 7 For avoidance of doubt and without prejudice to the remainder of this Section 11, in the event you upload or otherwise transmit to us any Content that contains concepts, ideas, or feedback relating to any Game and/or our Services ("Feedback"), you will not be entitled to any compensation for any such Feedback, and we may freely use any such Feedback in any manner we deem appropriate. In addition, any Feedback by you will not create any contractual relationship between us. Except to the extent that any such waiver is prohibited by applicable law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world or, in the event that a waiver is not possible under applicable law, you agree not to assert such moral rights.

12 For residents in the United States - U.S. GOVERNMENT RESTRICTED RIGHTS:

• 1 Our Services have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (b)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (b)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is Pixelmotion Ltd.

13 Privacy

• 1 The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is Pixelmotion Limited.

• 2 Pixelmotion Limited collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these Terms. If you do not agree to our Privacy Policy you should not download or access our Games or otherwise access and/or use our Services.

14 Links

• 1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

15 Transferring these Terms

• 1 To the fullest extent permissible under applicable law, we may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.

16 Entire Agreement

• 1 These Terms, all terms incorporated into these Terms (such as Pixelmotion’s Privacy Policy), and any other terms as agreed between you and Pixelmotion (for example, any rules we create that govern in-game competitions or tournaments) together set out the entire agreement between you and us concerning our Services (as defined in Section 1) and they supersede, replace and extinguish all earlier agreements and understandings between you and us. You acknowledge that Pixelmotion and its Affiliates have not made any actual or implied promise, representation, or warranty whatsoever, and acknowledge that you have not agreed to these Terms, played Pixelmotions games, played in Pixelmnotion’s competitions or tournaments, obtained Virtual Content, or accepted Pixelmotion’s Services in reliance upon any such promise, representation or warranty, that is not expressly contained herein.

17 Changes to these Terms

• 1 You can find these Terms at any time by visiting pixelmotion.games/TermsAndConditions.

• 2 Without affecting paragraph 17.3 below, we reserve the right to update these Terms from time to time by posting the updated version at that address (and where these updates affect you, with reasonable notice to you, as required under applicable law). We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. Your continued use of our Services will mean that you accept the amended Terms. You agree that if you do not accept any amendment to our Terms then you must immediately stop accessing and/or using our Services.

• 3 If you are resident in Germany, we may from time to time modify or change these Terms, if there is good reason for the change (such as compliance with legal requirements, minor clarifications to existing Terms, to provide further information on issues that were unforeseeable at the time you entered into these Terms, or to improve how we deliver the Services to you) and the changes reasonably take into account the interests of both parties, but we will not change our main obligations to you. Where any changes affect you, we will notify you of any changes by providing you with a notice. To the maximum extent permitted by local law, if you do not object to the amended Terms within six (6) weeks following the notice, your continued use of our Services will mean that you accept the amended Terms.

18 Severability

• 1 If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part will be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms will remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part will be deemed deleted from these Terms without affecting the remaining provisions of these Terms.

19 Waivers of our rights

• 1 Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by us.

20 Complaints and dispute resolution

• 1 Most concerns can be solved quickly by contacting us at support@pixelmotion.co.uk

• 2 If you are a resident of the United Kingdom and you are not satisfied with the resolution of your request by our customer service, the United Kingdom Government provides information regarding consumer rights at https://www.gov.uk/consumer-protection-rights.

• 3 If you are resident in the United States, please see Section 21 below.

• 4 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us, the provisions of Section 22 below will apply.

21 For residents in the United States - BINDING ARBITRATION AND CLASS ACTION WAIVER:

READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY

• 1 Binding Arbitration and Class Action Waiver If You Live in The United States. We hope we never have a dispute, but if we do, you and we agree as a condition precedent to try for 60 days, upon receipt of a Notice of Dispute (as defined below in paragraph 21.3), to resolve it informally in good faith. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

• 2 Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of any Services, Virtual Content, the Website, or from social media channels we control and operate, all marketing related to the Services, all matters related to these Terms, the Privacy Policy, or any other agreement between you and Pixelmotion, including the validity and enforceability of this agreement to arbitrate, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.

• 3 Send a Notice of Dispute Before Arbitration. If Pixelmotion has a dispute with you, it will send notice of that dispute to the email address you have provided to us. If you have a dispute with Pixelmotion that our Player Support team can’t resolve and you wish to pursue arbitration, you must first notify us in writing at the following email address: support@pixelmotion.co.uk, using the subject line “Notice of Dispute.” Your notice of dispute must be individual to you and must include, as applicable, your name, the email address associated with your Pixelmotion Account, and your residential address. The notice of dispute also must describe the dispute, explain the facts of the dispute as you understand them, and tell Pixelmotion what you want us to do to resolve the problem. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this Section 21.

• 4 Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business). If an arbitration is filed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider must close the case.

• 5 Arbitration Procedure. The AAA will conduct any arbitration under its Consumer Arbitration Rules. For more information, see www.adr.org. This Section 21 and these Terms govern to the extent they conflict with any applicable AAA rules. To initiate an arbitration, submit the Demand for Arbitration form available at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf to the AAA and email a copy to support@pixelmotion.co.uk The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. The parties may bring any dispositive motion or motions during the course of the proceedings. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or in the country where the Dispute arose (if different than your country of residence), whichever you elect. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties.

  • 5.1 The arbitrator rules on all arbitrability issues, including scope, validity and enforceability of this arbitration agreement, except that a court has exclusive authority: (i) to decide whether the parties have complied with the pre-arbitration requirements (including the individualized Notice of Dispute and Demand for Arbitration form); (ii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or on public injunctive relief in arbitration; and (iii) to enjoin an arbitration from proceeding if it does not comply with this Section 21.

  • 5.2 If your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related Cases will be governed by the AAA’s Mass Arbitration Supplementary Rules, as modified by these Terms. For more information, see https://www.adr.org/mass-arbitration or call 1-800-778-7879. To the extent permitted by law, related cases may only be filed in batches of up to 50 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 25 of these Related Cases to be filed and resolved in individual arbitrations under this Section 21; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 50 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to informally resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 25 of the Related Cases to be resolved in individual arbitrations under this Section 21. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations, or unless AAA or an arbitrator appointed by AAA directs otherwise following arbitration of the second batch of Related Cases. A court has exclusive authority to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph.

• 6 Arbitration Fees and Payments.

  • 6.1 The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses, however, if an arbitrator determines that Your Dispute was frivolous, brought for harassment or an improper purpose, or brought in bad faith, the arbitrator may require You to pay for the filing fees and the AAA’s and arbitrator’s fees and expenses.

• 7 Opting Out/Rejecting Future Arbitration Changes. If you are a new user of any Services, you may opt out of arbitration under this Section 21 by personally signing and sending us notice within 30 days from the date of the earlier of: (1) your first download of the applicable Game, or (2) your first use or access the applicable Service, in each case by email to support@pixelmotion.co.uk If you are an existing user of any Services, you may reject any change we make to this Section 21 by personally signing and sending us notice within 30 days of the change by email to support@pixelmotion.co.uk.

• 8 Severability. If, after exhaustion of all appeals, any part of this Section 21 is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of this Section 21 is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).

• 9 The provisions of this Section 21 will govern, control, and supersede, any inconsistent provisions of these Terms, any previous versions of these Terms, or any terms or conditions of any agreement that incorporates these Terms or is incorporated by these Terms.

22 JURISDICTION AND APPLICABLE LAW

Our Games and other Services are made available subject to these Terms. This Section explains which laws apply to these Terms.

• 1 Except for Section 21, paragraph 22.2 and paragraph 22.3, and unless the law of your country of residence states otherwise, the laws of England and Wales will govern the interpretation of these Terms and apply to claims for breach of it. If there is a Dispute between us regarding these Terms, then that Dispute will be subject to the jurisdiction of the courts of England unless the law in your country of residence allows you to choose the courts of that country for the Dispute in question. If you are resident in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws in your member state.

• 2 For residents in the United States: The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any claims not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you reside as set forth above, you and Pixelmotion agree to submit to the exclusive jurisdiction of the state and federal courts in Orange County, California, and you and Pixelmotion consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible). This paragraph 22.2 will be interpreted as broadly as applicable law permits.

• 3 If you are a resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in Section 21 above.

• 4 You understand and agree that our Website, Games and other Services may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilise our Website, Games and other Services under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of our Website, Games and other Services in such country or region is authorised by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use our Website, Games and other Services in connection with an end-use prohibited by U.S. law.

23 Questions about these Terms

• If you have any questions about these Terms or our Services you may contact us by email at support@pixelmotion.co.uk

These Terms were last updated on 21.Apr.2025.

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