Living Pixels Studio
Date Last Modiﬁed: October 27th, 2021
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST LIVING PIXELS ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1.ACCEPTANCE OF TERMS
By creaing a Living Pixels Account, downloading the App, using the Website, or paricipaing in any Living Pixels Service, including, without limitaion, paricipaing in its
declining to accept these Terms, the User will be unable to create an Account or paricipate in the Living Pixels Service.
Living Pixels reserves the right to change these Terms at any ime without prior noice to Users. If Living Pixels modiﬁes these Terms, Living Pixels will update the “Date Last Modiﬁed” and such changes will be eﬀecive upon posing. If Living Pixels makes what it determines to be material changes to these Terms, Living Pixels will noify Users by prominently posing a noice on the Website and/or App or by sending a noice to the
To be eligible to create an Account and become a registered User, paricipate in contests, or win prizes oﬀered by Living Pixels, You must, at the ime of registraion: (i) be at least eighteen (18) years of age at ime of account registraion (or you must be at least nineteen (19) years of age if you are a legal resident of Alabama or Nebraska); (ii) be physically located in any of the ﬁcy (50) states and Washington, DC, (the “Jurisdicion”), excluding Nevada and Washington (the “Excluded States”), in which paricipaion in the Service and the Contests oﬀered thereon is unrestricted by law; and (iii) at all imes abide by these Terms. You are subject to the laws of the Jurisdicion in which You reside and/or from which You access the Living Pixels Service. Legal residents of the Excluded States are eligible to open and maintain accounts on Living Pixels for use only in contests that do not require paid entry. Access to the Living Pixels Service and the Contests oﬀered thereon may not be legal for some or all residents of, or persons present in, certain Jurisdicions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
To be eligible to enter any contest or receive any prize, the Registered User may be required to provide Living Pixels with addiional documentaion and/or informaion to verify the idenity of the Registered User, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the idenity or eligibility of a Registered User, Living Pixels will, in its sole and absolute discreion, uilize certain informaion collected by Living Pixels to assist in verifying the idenity and/or eligibility of such Registered User.
Living Pixels makes no representaions or warranies, implicit or explicit, as to Your legal right to paricipate in the Living Pixels Service or that the Contests provided through Our Service are appropriate or available for use in the Jurisdicion in which You are located, nor shall any person aﬃliated, or
claiming aﬃliaion, with Living Pixels have authority to make any such representaions or warranies. We do not intend for the Living Pixels Service or any oﬀerings made available thereon to be used by persons present in Jurisdicions in which paricipaion may be prohibited or restricted. You agree that the availability of the Living Pixels Service does not consitute an oﬀer, solicitaion or invitaion by Us for the use of the Living Pixels Service in any Jurisdicion in which such aciviies are prohibited or restricted. If You choose to access Our Service, You do so at Your own risk. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your paricipaion. If You open an Account and/or paricipate in the Contests made available in the Living Pixels Service while located in a Jurisdicion that prohibits such aciviies, You will be in violaion of the law of such Jurisdicion and these Terms, and subject to having Your Account suspended or terminated.
Living Pixels consultants or promoters of the Living Pixels Service may play in the Contests without such limitaion, but only if (i) their arrangement with Living Pixels does not permit them to have any access to
LIVING PIXELS SERVICE TO ANYONE AT OUR SOLE DISCRETION.
In addiion, improper conduct includes, but is not limited to:
•Falsifying personal informaion required to enter a Contest or claim a prize;
•Colluding with any other individual(s) or engaging in any type of syndicate play;
•Using a single Account to paricipate in a Contest on behalf of muliple entrants or otherwise collaboraing with others to paricipate in any Contest;
•Using automated means (including but not limited to scripts and
•Using automated means (including but not limited to harvesing bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any informaion on the Website or of any User for any purpose;
•Any type of bonus abuse or other oﬀers or promoions;
•Tampering with the administraion of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
•Obtaining other entrants informaion and spamming other entrants; or Abusing the Website in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Living Pixels from pursuing criminal or civil proceedings in connecion with such conduct.
By accessing or using the Living Pixels Service, You represent and warrant that You are at least eighteen
(18)years of age (or 19 years of age in the states of Alabama and Nebraska), have the right, authority and capacity to enter into this Agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Living Pixels Service. If You do not meet the eligibility requirements of this secion, then You are not authorized to use the Living Pixels Service. Living Pixels reserves the right to verify Your age, idenity and eligibility at any ime. This includes requesing that You provide proof of idenity documentaion such as drivers license, passport or birth ceriﬁcate. Any failure to cooperate with Living Pixels in this respect may result in the suspension and/or terminaion of Your Account. To the extent Living Pixels requests proof of idenity and You fail to do so within seven (7) days, or Living Pixels otherwise determines that you do not meet the eligibility requirements of this secion, in addiion to any rights that Living Pixels may have in law or equity, Living Pixels reserves the right to terminate Your Account and withhold or revoke the awarding of any prizes associated with such Account.
To create an Account, go to the Website or download the App and complete the registraion form or register. To create an Account, You will be required to (i) submit Your age, and (ii) select a unique username and a password (collecively, the “Ideniﬁers”). The username must not be oﬀensive, be selected to deceive or misinform other Users, and may not oﬀend common decency or infringe upon the rights of third paries. If Living Pixels receives informaion that a username is illegal or in breach of these Terms, the username can be amended by Living Pixels without prior noice. For security reasons, passwords must diﬀer from usernames and may be changed whenever You deem necessary. Passwords
should not be sequences of consecuive numbers (i.e., “2345678”) or lelers (i.e., “ABCDEFG”). More speciﬁcally, a secure password should contain a combinaion of numbers, lelers and, when possible, special characters. A User’s password should be kept secret and periodically changed. Living Pixels will not ask You to reveal Your password, or iniiate contact with You asking for answers to Your password security quesions.
If You are given the opion to register through Your social media account, You will be asked to login using Your social media account credenials. Creaing an Account for the ﬁrst ime will then prompt You to connect Your Living Pixels and social media accounts. By creaing a Living Pixels Account via Your account with a social media account, You are allowing Living Pixels to access Your social media account informaion. If You access the Living Pixels Service from a social media account, You shall comply with the terms of service of the social media account as well as these Terms.
You agree to keep Your Ideniﬁers secure and conﬁdenial. You are solely responsible for all usage or acivity on Your Account including, but not limited to, use of the Account by any person who uses Your Ideniﬁers, with or without authorizaion, or who has access to any computer or device on which Your Account is accessible. In the event that You are concerned that Your Ideniﬁers are no longer secure and conﬁdenial, You should immediately noify Living Pixels by sending an
Ideniﬁers have been used (and where You have not previously noiﬁed Living Pixels as provided herein) will be treated as valid.
Only one (1) Account is allowed per person. In the event that Living Pixels determines that You have registered more than one (1) Account, then You acknowledge and agree that, in addiion to any other rights that Living Pixels may have, Living Pixels has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Living Pixels , and withhold or revoke the awarding of any prizes.
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or
You must provide all equipment and socware necessary to connect to the Website and/or App, including, but not limited to, a computer or Mobile Device (deﬁned below) that is suitable to connect with and use the Website and/or App. You are responsible for any fees, including, but not limited to, Internet connecion or data usage fees that You incur when accessing the Website and/or App.
•Right To Terminate
Users may cancel their Account and terminate their right to use the Living Pixels Service at any ime by following the Account cancellaion instrucions within the Living Pixels Service or by contacing: [email protected] Living Pixels may suspend or terminate Accounts, conﬁscate any Account balances in accordance with applicable law, refuse any and all current or future use of the Living Pixels Service (and access to all related enitlements), and/or terminate Users’ limited license to the Living Pixels App at any ime, without noice, and for any reason, including, without limitaion, for violaion of this Agreement, illegal or improper use of an Account, or illegal or improper use of the Living Pixels Service. Living Pixels also reserves the right to suspend or terminate Accounts that have been inacive for one hundred eighty (180) days or longer. In the event that a User’s Account is terminated or cancelled, the User will have no further access to their Account or anything associated with it. Users can lose their username and persona in the Living Pixels Service as a result of Account terminaion or cancellaion. If Your Account is subject to a suspension or terminaion, You must respect the restricions and limitaions imposed on Your Account as part of the suspension or terminaion, and You should communicate with Living Pixels regarding restoraion of Your Account only via: [email protected]
An inacive account is an account that has not been accessed for an uninterrupted period of 12 months.
If Your Account becomes inacive and we are unable to reach you, we, if required, in accordance with the applicable law (depending on where you are resident), shall take appropriate acion.
There are a number of Contests made available on the Living Pixels Service in which You paricipate for the chance to win prizes. We reserve the right to modify or cancel contest(s) at any ime without noice to You.
Contest rules and scoring may diﬀer from contest to contest. Each of Our Contests are governed by speciﬁc rules, as may be modiﬁed from ime to ime, which are set forth in the oﬃcial rules relevant App and are incorporated into these Terms by this reference. You have the responsibility to review the rules prior to paricipaing in any Contest, and to review the rules for any changes. You agree to abide by the
Winners are determined by the objecive criteria described in the Contest deadline, Rules, scoring, and any other applicable documentaion associated with the Contest. The Website and Contests may not be used for any form of illicit gambling.
All Contests oﬀered on the Living Pixels Service are
Living Pixels endeavors to host fair Contests and exercises reasonable eﬀorts to create a level playing ﬁeld and to detect and prevent cheaing. Notwithstanding such eﬀorts, there will be Users who alempt to cheat and Living Pixels does not guarantee that all such instances of cheaing will be detected or prevented. Users therefore acknowledge and agree to paricipate in the Contests at their own risk. Living Pixels reserves the right to terminate a User’s Account and ban such individual from future paricipaion in the Contests without noice, forfeiture of winnings, and take any other acions in accordance with applicable state and federal laws if Living Pixels suspects that a User is violaing these Terms, including, without limitaion, commihng any of the following acions:
1.Using or alemping to use automated tools, script socware, bots, or other unauthorized socware, hardware, or modiﬁcaions to simulate a User or otherwise obtain an advantage over other Users;
2.Exploiing vulnerabiliies or glitches in the Contests;
3.Directly or indirectly disabling, circumvening, or otherwise interfering with the operaion of socware designed to detect or prevent cheaing; or
4.Colluding with a User who is using unauthorized socware, hardware, or modiﬁcaions to obtain an advantage over other Users.
The foregoing acions shall consitute a material breach of these Terms for which oﬀending Users will be liable to Living Pixels for any resuling damages. You acknowledge and agree that We shall not be responsible or liable for cheaing that is not detected or prevented or for any resuling losses related thereto.
•Results and Winners
The results and winners of each Contest will be determined by Us at Our sole discreion and such determinaions are ﬁnal. Winners will be noiﬁed by
Living Pixels reserves the right, in its sole and absolute discreion, to deny any contestant the ability to paricipate in any contests for any reason whatsoever. Further, Living Pixels may, in its sole and absolute discreion, invalidate any contest result for the purposes of prevening abusive and/or any unfair or potenially unlawful acivity, or in the event that there is a risk of any such abusive, illegal, or unfair acivity.
Living Pixels also reserves the right to cancel contests, in our sole discreion, without any restricions.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infecion by a computer virus, bugs, tampering, unauthorized intervenion, acions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Living Pixels corrupts or aﬀects the administraion, security, fairness, integrity or proper conduct of the Service), Living Pixels reserves the right, in its sole discreion, to disqualify any individual implicated in or relaing to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellaion, terminaion, modiﬁcaion or suspension occurs, noiﬁcaion may be posted on the Site.
The failure of Living Pixels to comply with any provision of these Terms due to an act of God, for example hurricane, war, ﬁre, riot, earthquake, terrorism, act of public enemies, acions of governmental authoriies outside of the control of Living Pixels (exceping compliance with applicable codes and regulaions) or other force majeure event will not be considered a breach of these Terms.
Contest prizes will be oﬀered in the form of virtual items, including, without limitaion, enhancements to game play and features that would enable a user to gain a compeiive edge. See the oﬃcial rules for each Contest for complete prize details and restricions.
No subsituion or transfer of any prize is permiled except at Living Pixels ’s sole discreion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitaion, any implied warranty of merchantability or ﬁtness for a paricular purpose) by Living Pixels. If any legal authority challenges the award and/or Your receipt of a prize for winning a Contest, We reserve the right to revoke, cancel, suspend, subsitute, or modify the award of such prize.
Any prizes that are mistakenly credited as winnings to Your User Account remain Our property and will automaically be deducted from Your User Account upon conﬁrmaion of the error. Any winnings mistakenly credited to Your User Account that have been withdrawn by You before conﬁrmaion of the error will consitute a debt owed by You to Us in the amount of such wrongfully alributed winnings.
Each Contest or promoion is governed by its own set of oﬃcial rules. We encourage you to read such Contest and promoions Rules before paricipaing.
•Aﬃdavit of Eligibility/Taxes
In order to receive a Prize, Users may be required via
•Deposits and Withdrawals Generally
By deposiing funds, you agree to provide us with a valid mailing address, date of birth and phone number and any other informaion we may require in order to run appropriate idenity checks and comply with applicable rules and regulaions. If necessary, you may be required to provide
appropriate documentaion that allows us to verify you. While your account is pending veriﬁcaion, you may be able to deposit funds into your account and paricipate in contests, but you will not be able to withdraw any funds from your account unil veriﬁcaion is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds unil such ime as we have been able to successfully verify you.
We also may conduct checks for compliance with these Terms, including
Deposits are held in a separate, segregated account. These funds belong to you, subject to review for evidence of fraud, veriﬁcaion or other prohibited conduct as described above, and Living Pixels may not use them to cover its operaing expenses or for other purposes.
Living Pixels may limit the amount a user can deposit into his or her account in accordance with
5. Methods of Entry
NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE.
Free Entry Methods
A player can play for free by earning free points.
Users can earn free points (which can be used to enter a game) in any of the following ways:
1.Free points are awarded as a bonus with the purchase of virtual items
2.Daily points awarded for logging in to the Services
3.Markeing and social media promoions
4.When one posts a picture of their prize and posts to social media
6.REDEMPTION FROM YOUR ACCOUNT
You may request a Withdrawal from Your available balance in Your Account at any ime via one
of the withdrawal opions as provided by Living Pixels. All withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. To withdraw You must provide Your ﬁrst and last name, address,
Withdrawal payments will not be made unil such informaion is received; if We have not received the informaion within ten (10) days, the redempion request will be cancelled and the Account in quesion may be suspended.
The processing of requested redempions back to Your account may take up to ﬁve (5) business days; provided, however, Living Pixels reserves the right to freeze Your Account and/or delay a request for redempion pending compleion of any invesigaion of reported or suspected abuse by a User requesing redempion, and/or compliance with all applicable Federal and State laws and regulaions including but not limited to the Bank Secrecy Act, the Patriot Act and IRS regulaions. If You do not receive Your redempion within ﬁve (5) business days, please contact customer support at: [email protected]
Withdrawal requests by check are processed within 14 business days, and are sent via U.S. Mail. Promoional deposits, credits, and other bonuses may not be withdrawn from a Living Pixels account unless appropriate terms of the promoion are achieved ﬁrst by the user.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, Living Pixels reserves the right in its sole discreion to determine whether or not to award such prizes.
Any withdrawal requests, acer approved by Living Pixels, will be credited back to the same credit card or method of payment used to deposit funds. Living Pixels will only release withdrawals to a diﬀerent credit card or other payment method other than that which was used to make deposit(s) acer the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).
8.LIMITED LICENSE TO THE LIVING PIXELS APP
Subject to the terms and condiions of this Agreement, Living Pixels grants Users a limited, non- exclusive and
Service made available in or otherwise accessible through the Living Pixels App strictly in accordance with this Agreement.
Users acknowledge and agree that they shall not:
•Copy the Living Pixels App, except as expressly permiled by this license;
•Modify, translate, adapt or otherwise create derivaive works or improvements, whether or not patentable, of the Living Pixels App;
•Reverse engineer, disassemble, decompile, decode or otherwise alempt to derive or
gain access to the source code of the Living Pixels App or any part thereof;
•Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights noices from the Living Pixels App, including any copy thereof;
•Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Living Pixels App or any features or funcionality of the Living Pixels App, to
•Remove, disable, circumvent or otherwise create or implement any workaround to any copy protecion, rights management or security features in or protecing the Living Pixels
•Use the Living Pixels App in a manner prohibited by applicable laws or regulaions, including, without limitaion, in connecion with any form of unlawful gambling.
•Reservation of Rights
Users further acknowledge and agree that the Living Pixels App is provided under license, and not sold, to Users. Users do not acquire any ownership interest in the Living Pixels App under this Agreement, or any other rights thereto other than to use the Living Pixels App in accordance with the license granted, and subject to all terms, condiions and restricions, under this Agreement. Living Pixels and its licensors and service providers reserve and shall retain their enire right, itle and interest in and to the Living Pixels App, including all copyrights, trademarks and other intellectual property rights therein or relaing thereto, except as expressly granted to Users in this Agreement.
The Living Pixels App may be subject to U.S. export control laws, including the U.S. Export Administraion Act and its associated regulaions. Users shall not, directly or indirectly, export,
9.OTHER INTELLECTUAL PROPERTY RIGHTS
•Copyright Information and Personal &
Content within the Living Pixels Service, including, without limitaion, any technology, socware products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by Living Pixels and are protected by internaional copyright, trade dress, patent, and trademark laws, internaional convenions, and other laws protecing intellectual property and related proprietary rights. Living Pixels does not claim ownership of intellectual property owned by third paries.
Except as expressly permiled by this Agreement, Users must not reproduce, distribute, modify, create derivaive works of, publicly display, publicly perform, republish, download, store or transmit any material available through the Living Pixels Service. In addiion, Users must not:
•Modify copies of any materials available through the Living Pixels Service;
•Reprint or electronically reproduce any content available through the Living Pixels Service, in whole or in part;
•Provide copyrighted or other proprietary content to Living Pixels or make such content available through the Living Pixels Service without permission from the owner of such material or rights;
•Delete or alter any copyright, trademark or other proprietary rights noices from copies of materials available through the Living Pixels Service; or
•Access or use for any commercial purposes any part of or materials available through the Living Pixels Service.
Prining, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the Living Pixels Service in breach of this Agreement may result in the terminaion of a User’s Account, prohibiion from using the Living Pixels Service, and/or legal acion. Content owners may take criminal or civil acion against Users for unauthorized use of intellectual property. Users agree to indemnify and hold Living Pixels harmless from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via the Living Pixels Service.
Living Pixels has/may register trademarks for its many goods and services, including, without limitaion, the associated graphics, logos and service marks and they may not be used without prior wrilen consent of Living Pixels. All other trademarks, product names, and company names and logos appearing within the Living Pixels Service are the property of their respecive owners.
•Rights of Publicity
By paricipaing in the Living Pixels Service, You agree to the use by Living Pixels of Your username, statements, biographical informaion, and city and state address for adverising and promoional purposes of the Living Pixels Service, including, without limitaion, the Living Pixels Contests, worldwide, and in perpetuity, in any and all forms of media, now known or hereacer devised without compensaion, review or approval rights, noiﬁcaion or permission, except where prohibited by law. Living Pixels reserves the right to make public statements about the entrants and winner(s), on the Internet, in promoional materials or otherwise, prior to, during, or following a Contest. You agree that We may announce any winner’s name on the Living Pixels Service at any ime in connecion with the markeing and promoion of Living Pixels.
•Ideas and Inventions
All comments, feedback, suggesions, ideas, and other submissions (“Ideas”) disclosed, submiled, or oﬀered to Living Pixels in connecion with Your use of the Living Pixels Service shall be the exclusive property of Living Pixels . You agree that unless otherwise prohibited by law Living Pixels may use, sell, exploit and disclose the Ideas in any manner, without restricion and without compensaion to You.
11.CONDUCT ON SERVICE
Users agree not to use the Living Pixels Service for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:
•Engage in any illegal acivity, including gambling, or the planning of any illegal acivity;
•Post or transmit, or cause to be posted or transmiled, any content that is infringing, libelous, defamatory, abusive, oﬀensive, obscene, pornographic or otherwise violates the law or the rights of Living Pixels, its Users, or any
•Threaten, harass, abuse, or otherwise inimidate any User(s);
•Send or cause to be generated any unwanted
•Inﬂict or cause to be inﬂicted in any manner whatsoever socware viruses or any other code designed to interrupt, destroy, limit, or otherwise aﬀect the funcionality of any socware or hardware or telecommunicaions equipment associated directly or indirectly with the Living Pixels Service;
•Employ any automated means, including, without limitaion, bots, scrapers, or spiders to access or paricipate in the Living Pixels Service for any purpose;
•Using any ariﬁcial means to alter a User’s posiion in the Contests;
•Improperly using support or complaint features of the Living Pixels Service or making false reports to Living Pixels ;
•Use the Living Pixels Service for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;
•Seek to or in any way assist others in obtaining Account, password, or personal informaion from any User(s);
•Create a false idenity, impersonate another person, or otherwise alempt to mislead any person as to the idenity or origin of any communicaion;
•Creaing more than one (1) Account;
•Selling or transferring an Account or any alributes related thereto; or
•Engaging in any other acivity deemed by Living Pixels to be in conﬂict with the spirit or intent of this Agreement.
•post or transmit, or cause to be posted or transmiled, any communicaion or solicitaion designed or intended to obtain password, account, or private informaion from any Living Pixels user;
•create or submit unwanted email (“Spam”) to any other Living Pixels users;
•submit comments linking to aﬃliate programs,
•post, email, transmit, upload, or otherwise make available any material that contains socware viruses or any other computer code, ﬁles or programs designed or funcioning to interrupt, destroy, or limit the funcionality of any computer socware or hardware or telecommunicaions equipment;
•use any robot, spider, scraper, sniping socware or other automated means to access the Service for any purpose (except for RSS feed access) without our express wrilen permission. Addiionally, you agree that you will not: (1) take any acion that imposes, or may impose in our sole discreion an unreasonable or disproporionately large load on our infrastructure;
(2) interfere or alempt to interfere with the proper working of the Service or any aciviies conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
•use ariﬁcial means, including creaing muliple user accounts, to inﬂate your posiion and standing with the Living Pixels leader boards and community; use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;
•adverise to, or solicit, any user to buy or sell any products or Service, or use any informaion obtained from the Service in order to contact, adverise to, solicit, or sell to users without their prior explicit consent;
•sell or otherwise transfer your proﬁle;
•alempt to inﬂuence the play in any Living Pixels contests in which you are involved or in which you have a direct or indirect interest;
•enter into contests, by any means including
Any use of the Living Pixels Service in violaion of the foregoing consitutes a breach of this Agreement and may result in, among other things, Account suspension and/or terminaion, prohibiion from using the Living Pixels Service, and/or legal acion. Users understand that any alempt to deliberately damage the Living Pixels Service or undermine any Contest may also be a violaion of criminal and/or civil laws and Living Pixels reserves the right to seek damages and other remedies from any such person to the fullest extent permiled by law. If Users wish to report any abuses, inappropriate online conduct, or a violaion of this Agreement, please forward all evidence of the same to: [email protected] Please report responsibly.
12.LIMITATIONS ON WARRANTY AND LIABILITY
•Disclaimer of Warranties
Users expressly acknowledge and agree that use of the Living Pixels Service is at their sole risk. Users further acknowledge and agree that the Living Pixels Service is provided on an “AS IS” and “as available” basis. Neither Living Pixels nor any of its parents, subsidiaries, aﬃliates, licensees, licensors, contractors, agents, content providers, vendors, component suppliers (both hardware and socware), and/or any
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIVING PIXELS AND THE LIVING PIXELS PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS. LIVING PIXELS AND THE LIVING PIXELS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LIVING PIXELS SERVICE, SECURITY OF THE LIVING PIXELS SERVICE, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE LIVING PIXELS SERVICE, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE LIVING PIXELS SERVICE.
NEITHER LIVING PIXELS NOR ANY LIVING PIXELS PROVIDER MAKES A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LIVING PIXELS SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE LIVING PIXELS SERVICE. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE LIVING PIXELS SERVICE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER LIVING PIXELS NOR ANY LIVING PIXELS PROVIDER SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE LIVING PIXELS SERVICE (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE LIVING
SERVICE) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED LIVING PIXELS
•Limitations on Liability
NEITHER LIVING PIXELS NOR THE LIVING PIXELS PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE LIVING PIXELS SERVICE OR ANY ASPECT THEREOF. THE OPERATION OF THE LIVING PIXELS SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF LIVING PIXELS AND THE LIVING PIXELS PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER LIVING PIXELS NOR THE LIVING PIXELS PROVIDERS SHALL BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIVING PIXELS OR THE LIVING PIXELS PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE LIVING PIXELS SERVICE;
(II)UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III) OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE LIVING PIXELS SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE LIVING PIXELS SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, LIVING PIXELS ’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO LIVING PIXELS FOR USE OF THE LIVING PIXELS SERVICE DURING THE TERM OF THEIR REGISTRATION, NOT INCLUDING ANY FEES PAID FOR SERVICES AND/OR PRODUCTS RENDERED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.
13.SERVICE AND MAINTENANCE
Living Pixels conducts maintenance work on its systems from ime to ime primarily for the purpose of ensuring security and integrity. A porion, or someimes all, of the features of the Living Pixels Service may not be available during maintenance periods. Users will generally be noiﬁed of maintenance periods in advance, however, Users hereby agree that Living Pixels may update the Living Pixels Service with or without noifying Users. Living Pixels also reserves the right to modify or disconinue operaion of any aspect of the Living Pixels Service at any ime, including, without limitaion, the availability of the Living Pixels App, Website, or any features or content thereon, including without
limitaion the oﬀering of the Contests. Living Pixels may also impose limits on certain features and oﬀerings or restrict access to parts or all of the Square Acio Service with or without noice to Users and without liability to Users or any
The Living Pixels Service may use
15.CALIFORNIA CONSUMER NOTICE
As required by California Code Secion 1789.3, this noice is to advise Users that (i) the Living Pixels Service is provided by Living Pixels Studio LLC, 530 Lylon Ave, 2nd Floor, Palo Alto, California 94301, Phone:
16.BINDING ARBITRATION AND CLASS ACTION WAIVER
Dispute Resoluion; Arbitraion and Governing Law
In case of any dispute arising between Living Pixels and you, the party raising the dispute shall issue a wrilen noice to the other party. In case the noice is to be issued to you, sending the noice to
the email address registered with Living Pixels shall consitute delivery. A noice to be issued to Living Pixels is to be served on [email protected]
On receipt of the said noice, the paries shall ﬁrst try to resolve the dispute amicably through discussions. In the event that the paries are unable to resolve the dispute within thirty (30) days of receipt of the noice, the dispute shall be referred to and thereacer selled by arbitraion as provided here.
If the dispute cannot be resolved amicably, you agree to ﬁnally selle all disputes only through arbitraion; provided, however, that Living Pixels shall be enitled to seek injuncive or equitable relief in the state and federal courts in Palo Alto, California and any other court with jurisdicion over the paries. The pursuit of such equitable or injuncive relief shall not consitute a waiver on the part of Living Pixels to pursue any remedy for monetary damages.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE LIVING PIXELS SERVICE: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
In arbitraion, there is no judge or jury and review is limited. The arbitrator’s decision and award is ﬁnal and binding, with limited excepions, and judgment on the award may be entered in any court with jurisdicion. The paries agree that, except as set forth above, any claim, suit, acion or proceeding arising out of or relaing to Living Pixels Service, or these terms, shall be resolved solely by binding arbitraion before a sole arbitrator under the streamlined Arbitraion Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the ﬁling of a “Demand for Arbitraion”, then either party can elect to have the arbitraion administered by the American Arbitraion Associaion (“AAA”) or any other mutually agreeable arbitraion administraion service. If an
to pay the administraive and arbitrator’s fees in order to conduct the arbitraion (but speciﬁcally excluding any travel or other costs of paricipant to alend the arbitraion hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
The Federal Arbitraion Act shall govern the interpretaion, enforcement and all proceedings at such arbitraion and judgment upon such arbitraion award may be entered in any court having jurisdicion. All paricipants agree to abide by the terms of these Terms of Service. Each party agrees to service of process by mail or other method acceptable under the laws of the State of California. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. IN NO EVENT WILL LIVING PIXELS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISNG OUT OF OR IN CONNECTION WITH ANY PERSON OR ENTITY’S USE OR INABILITY TO USE THE LIVING PIXELS SERVICE WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LIVING PIXELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdicions do not allow the limitaion or exclusion of liability for incidental or consequenial damages, so the above limitaion or exclusion may not apply to you.
•Relationship of Parties/No
Users agree that no joint venture, partnership, employment, or agency relaionship exists between Users and Living Pixels as a result of this Agreement or their use of the Living Pixels Service. Users agree not to hold themselves out as representaives, agents, operators, distributors, or employees of Living Pixels and Living Pixels shall not be liable for any of their representaions, acts, or omissions.
Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third- party beneﬁciaries to this Agreement.
Users agree that they shall not circumvent or alempt to circumvent these Terms or the Living Pixels Service or otherwise interrupt or alempt to interrupt the operaions of Living Pixels (collecively, a “Circumvenion Act”). If Living Pixels determines, at its sole discreion, that Users have engaged, or alempted to engage, in any Circumvenion Act, or to otherwise commit fraud with regard to the Living Pixels Service, then, in such an event, Living Pixels reserves the right to insitute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authoriies.
Users further agree to indemnify, save, and hold harmless Living Pixels and the Living Pixels Providers from any claims, losses, damages, liabiliies, including legal fees and expenses, arising out of their use or misuse of the Living Pixels Service, any violaion by Users of this Agreement, or any breach of the representaions, warranies, and covenants made by Users herein. Living Pixels reserves the right, at the Users’ expense, to assume the exclusive defense and control of any maler for which the Users are required to indemnify Living Pixels, and Users agree to cooperate with Living Pixels’s defense of these claims. Living Pixels will use reasonable eﬀorts to noify Users of any such claim, acion, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any terminaion of their Living Pixels Account or of the Living Pixels Service.
Living Pixels shall not be liable for any delay or failure to perform resuling from unforeseen circumstances or causes outside its reasonable control, including, without limitaion, acts of God, war,
terrorism, riots, embargoes, acts of civil or military authoriies, ﬁre, ﬂoods, accidents, network infrastructure failures, strikes, or shortages of transportaion faciliies, fuel, energy, labor or materials.
No failure or forbearance on Living Pixels’s part to exercise its rights or insist upon performance of obligaions hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligaions in that or any other instance; rather, the same shall remain in full force and eﬀect. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reﬂecing the intent of the paries as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall aﬀect the validity or enforceability of any remaining provisions.
Living Pixels may publish addiional policies related to speciﬁc services such as Contests, tournaments, or promoions. Your right to use such services is subject to those speciﬁc policies and these Terms.
Living Pixels may noify Users via posings in the Living Pixels Service, via
Living Pixels Studio LLC
530 Lylon Ave
Palo Alto, California 94301
Email: [email protected]
Any noices Users provide that do not comply with this Secion 17 shall have no legal eﬀect.
Living Pixels’s performance of this Agreement is subject to exising laws and legal process, and nothing contained in this Agreement is in derogaion of Living Pixels’s right to comply with governmental, court, and law enforcement requests or requirements relaing to use of the Living Pixels Service or informaion provided to or gathered by Living Pixels with respect to such use.