Terms of Service
TERMS AND CONDITIONS OF USE
This is a license agreement (“Agreement”) between Living Pixels Studio LLC, a California limited liability company (“Living Pixels,” “we,” “us,” or “our”), and you (“you” or “your”), the person who installs, accesses, uses, or interacts with any of Living Pixel’s software applications, mobile applications, websites, games, or related resources (collectively, “Games” and individually, a “Game”). By installing, accessing, using, or interacting with any Game, you agree to the terms of this Agreement, including the Licensing Terms (defined below). If you do not agree with the provisions of this Agreement, then you must not create a Living Pixel Account (defined below), and you must not install, access, use, or interact with any Game.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION THAT 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
ACCEPTANCE OF TERMS
You hereby (i) acknowledge that you have read and agree to be bound to and abide by this Agreement, (ii) accept and agree to all obligations, rules and scoring systems for each Game in which you participate, and (iii) represent and warrant that you are authorized and able to accept this Agreement. Living Pixels may also issue additional terms, rules, and conditions of participation in particular Games (“Additional Rules”), which are expressly incorporated by reference. You agree to be subject to the Additional Rules by installing, accessing, using, or interacting with any Games after the Additional Rules have been posted at or through the applicable Games.
Living Pixels reserves the right to change this Agreement at any time without prior notice to you. If Living Pixels modifies this Agreement, Living Pixels will update the “Last Modified” date and such changes will be effective upon posting. If we make what we determine to be material changes to this Agreement, we will notify you by prominently posting a notice on or through the applicable Game or, in our discretion, by sending a notice to your e-mail addresses that we have on file. Your continued use of the Games following such changes constitutes acceptance of such changes. If you do not agree to the changes, your sole remedy is to cease accessing and using the Games.
Your ability to access and use the games are subject to the licensing provisions of this Agreement. By installing, accessing, using, or participating any Games, you affirm that you have read and understood the license terms and restrictions described herein (“Licensing Terms”). If you do not understand or agree with the Licensing Terms, then you must not use or participate in any of the Games. The following Licensing Terms contain important restrictions on the acquisition, use, and (if applicable) redemption of any coins or tokens that you may acquire or be awarded during gameplay—please read these restrictions carefully.
- License to Access Games. Subject to the terms of this Agreement, you are hereby granted a nonexclusive, revocable, worldwide (except where prohibited by law and/or in jurisdictions in which we do not offer or provide access to the Games), royalty-free, non-transferable and nonassignable license to download (if applicable), install (if applicable), access, use, and participate in the Games on a computer or mobile device owned or otherwise controlled by you (“Mobile Device”).
- License to Receive/Use Tokens and Coins. In addition to the foregoing and subject to the terms of this Agreement, you are hereby granted a nonexclusive, revocable, worldwide (except where prohibited by law and/or in jurisdictions in which we do not offer or provide access to the Games), royalty-free, non-transferable and non-assignable license to use during gameplay any tokens or coins that are provided, distributed, and/or awarded to you by, at, or through the Games, including but not limited to “free coins,” “SweepStakes Coins,” “tokens,” “free tokens,” “sweep tokens,” or any similar items or virtual materials (collectively, “Coins”).
By accepting this license, you understand and agree that:
- Coins are licensed, not sold, to you. You have no ownership or other property interests, and will not acquire any ownership or property interests, in the Coins at any time
- Coins have no actual cash value. Any value or amount associated with the Coins during gameplay must be used solely for gameplay.
- Redeemable Coins have no assigned value. If, in our discretion, we offer you the opportunity to redeem any Coins for cash awards or other prizes (“Redeemable Coins”), then the exchange rate and conditions under which Redeemable Coins may be redeemed shall be determined in our sole and exclusive discretion and may be modified at any time without prior notice to you. You should not assume that a Redeemable Coin (i) will be redeemable at any particular time or will remain redeemable, or (ii) will have a value or any value whatsoever, it being understood that Living Pixels reserves the unilateral right to modify or eliminate the exchange rate for Redeemable Coins without prior notice to you, and/or make Redeemable Coins incapable of being redeemed for cash awards or other prizes.
We reserve the right to declare participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the paytable, win-table, minimum or maximum stakes, odds or software.
If You are incorrectly awarded any Virtual Coins or prizes as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to operate in accordance with the rules of the relevant game, then we will not be liable to award You any such Virtual Coins or prizes and You agree that any such Virtual Coins or prizes that have been awarded in error to Your User Account will be voided.
We retain absolute discretion in the event of a discrepancy between the result showing on a user’s device and the server software. Such discretion includes the authority to recognize the result showing on the server software as the official and governing result.
Your license to have, receive, use, or redeem (as applicable) Coins is revocable by Living Pixels at any time for any reason.
Living Pixels makes no representations or warranties, implicit or explicit, as to your legal right to participate in any of the Games, nor shall any person affiliated, or claiming affiliation with Living Pixels have authority to make any such representations or warranties. We do not intend for the Games to be used by persons under the age of eighteen or by persons in jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Games does not constitute an offer, solicitation, or invitation by us for the use of the Games in any Jurisdiction in which such activities are prohibited or restricted. You hereby agree that we are not liable to you if laws applicable to you restrict or prohibit your participation in any of the Games. If you open an Account and/or participate in the Games while located in a jurisdiction that prohibits such activities, your Account may be suspended or terminated. LIVING PIXELS RESERVES THE RIGHT TO DENY ACCESS TO THE GAMES TO ANYONE AT OUR SOLE DISCRETION.
You must create an account and register with Living Pixels (an “Account”) to participate in the Games. You may only register an account in your own name; registration for persons other than yourself is not permitted. You are subject to the laws of the jurisdiction in which you reside and/or from which you access the Games. The Games may not be legal for some or all residents of, or persons present in, certain jurisdictions and in those jurisdictions, you are prohibited from installing, accessing, using, or interacting with any Games.
Registration Information. To create an Account, you will be required to select a unique username and a password (collectively, the “Identifiers”). Your username must not be offensive or deceive or misinform other users and may not offend common decency or infringe upon the rights of third parties. If Living Pixels receives information that a username is illegal or in breach of these terms, the username can be amended by Living Pixels without prior notice.
For security reasons, passwords must differ from usernames and may be changed whenever you deem necessary. Passwords should not be sequences of consecutive numbers (i.e., “2345678”) or letters (i.e., “ABCDEFG”). Your password should be kept secret and periodically changed. Living Pixels will not ask you to reveal your password or initiate contact with you asking for answers to your password security questions.
You agree to provide true, accurate, current and complete information about yourself (the “Registration Data”) and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify your Registration Data by logging into your Account and making such changes. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Living Pixels has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Living Pixels reserves the right to suspend or terminate your Account immediately and refuse any and all current or future use of the Games (or any portion thereof).
If you are given the option to register through a social media account, you will be asked to login using your social media account credentials. Creating an Account for the first time will then prompt you to connect your Living Pixels and social media accounts. By creating a Living Pixels Account via your account with a social media account, you are allowing Living Pixels to access your social media account information. If you access the Games from or through a social media account, you shall comply with the terms of service of the social media account as well as this Agreement.
You agree to keep your Identifiers secure and confidential. You are solely responsible for all usage or activity on your Account including, but not limited to, use of the Account by any person who uses your Identifiers, with or without authorization, or who has access to any computer or device on which your Account is accessible. If you are concerned that your Identifiers are no longer secure and confidential, you should immediately notify Living Pixels whereupon new Identifiers may be selected. Without limiting the foregoing, any transactions made and accepted within the Games where your Identifiers have been used (and where you have not previously notified Living Pixels as provided herein) will be treated as valid.
Should You have a complaint in relation to the Service, You may contact us by selecting the “Contact Us” link on the Site and filling in the form. Customer complaints/claims of any nature must be submitted for consideration within three (30) days of the issue giving rise to the complaint.
To protect Your privacy, all communications between You and us should be carried out using or referencing the email address that You used to register Your User Account for the Service. Failure to do so may result in our response being delayed. The following information must be included in any written communication with us (including a complaint):
Your user ID, your first and last name, as registered on Your User Account, detailed explanation of the complaint/ claim. Any specific dates and times associated with the complaint/claim (if applicable).
Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to Your complaint/claim in a timely manner. Upon receipt, we will endeavor to reply to Your communication within seventytwo (72) hours.
All promotions including Sweepstakes Promotions, contests, and special offers are subject to these Terms, the Official Sweepstakes Rules and any additional terms that may be published at the time of the promotion, contest or special offer.
Living Pixels Studio LLC reserves the right to withdraw or alter any such promotions without prior notice to You at our sole discretion.
We reserve the right at our sole discretion and without any requirement to give reasons to exclude You from any promotions, contests or special offers that are offered from time to time.
Living Pixels Studio LLC reserves the right to exclude You from any promotions, contests or special offers if we believe that You have tried to enter by using more than one User Account or are otherwise engaging in any fraudulent or illegal activity (including participation that would be in breach of the law in Your local jurisdiction), whether or not You would have or might have won but for such activity. Where multiple entries/accounts have been used, we reserve the right to suspend these accounts and withhold any promotional benefits.
You confirm that You grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free License to use in whatever way we see fit, and without further acknowledgement of You as the author, any content You post or publish as part of a promotion, contest or competition.
You acknowledge that Living Pixels Studio LLC is entitled to conduct any verification checks (including but not limited to credit background checks) that we may reasonably require and/or that are required of us under applicable laws and regulations or by relevant regulatory authorities. You agree to comply with all verification checks in a timely manner.
You agree that we may restrict Your opening or use of a User Account pending any verification checks having been completed to our satisfaction.
The documents required may include identification documentation (including photo identification) including but not limited to a government issued identification document such as a passport or driver’s license; a utility bill that matches the address registered on Your User Account; and source of wealth or source of funds documentation such as a pay slips or bank statement.
In the event that any verification check cannot be completed because You have failed to provide any document, we requested from You in the form that we require within 30 days’ from the date the document was first requested, then we may, in our sole discretion, deactivate or otherwise restrict Your User Account.
You acknowledge and agree that we may use third party service providers to run external identification, location verification and other verification checks based on the information provided by You from time to time. You must enable and allow “Locations Services” on Your device or PC in order to operate the Services or access your User Account.
One Account Permitted
Only one (1) Account is allowed per person. If Living Pixels determines that you have registered more than one (1) Account, then you acknowledge and agree that, in addition to any other rights that Living Pixels may have, Living Pixels has the right to suspend or terminate your Account(s) and refuse any and all current or future use of the Games
Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third-party, including, without limitation, any person under the age of eighteen (18), to use or re-use your Account in such a way that may breach the standards or laws in any jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Games and for any use of your Account by any other person or third-party in connection with your Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all coins and tokens (as applicable) in their Account. Living Pixels will not be liable for any loss that you may incur because of someone else using your Account with or without your knowledge.
Right To Terminate
You may cancel your Account and terminate your ability to use the Games at any time by following the Account cancellation instructions within the applicable Game(s). Living Pixels may suspend or terminate Accounts, confiscate any Coins in accordance with this Agreement and applicable law, and/or refuse any and all current or future use of the Games (and access to all related entitlements), without notice and for any reason whatsoever including, without limitation, for violations of this Agreement, illegal or improper use of an Account, or illegal or improper use of the Games. Living Pixels also reserves the right to suspend or terminate Accounts that have been inactive for one hundred eighty (180) days or longer. In the event that your Account is terminated or cancelled, you will have no further access to your Account or anything associated with it, including but not limited to any Coins stored in your Account. Users can lose their username, persona, and Coins in the Games because of Account termination or cancellation.
You acknowledge and agree that you shall not:
- Copy the Games or any portion thereof, except as expressly permitted by law or by Living Pixels in writing;
- Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Games;
- Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Games or any part thereof;
- Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Games, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Games or any features or functionality of the Games, to any third-party for any reason, including by making the Games available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;
- Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Games; or
- Use the Games in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling.
The Games may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Games to, or make the Games accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Games available outside of the United States.
INTELLECTUAL PROPERTY RIGHTS
The “look and feel” of the Games, as well as all content within the Games, including without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by Living Pixels and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
Living Pixels is the owner of many trademarks, including trademark rights in the names “Living Pixels” and “DingDingDing.” Living Pixel’s trademarks may not be used without Living Pixel’s prior written consent, which may be withheld by Living Pixels for any reason whatsoever. All other trademarks, product names, company names and logos appearing within the Games (if any) are the property of their respective owners.
By installing, accessing, using, or interacting with any Games, you agree to the use by Living Pixels of your username, statements, biographical information, and city and state address for advertising and promotional purposes of the Games, and this right shall be worldwide and in perpetuity, and apply to any and all forms of media now known or hereafter devised, without compensation to you and without your prior review or approval rights, notification or permission, except where prohibited by law.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Living Pixels in connection with your use of the Games 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 restriction and without compensation to you.
You agree that you will not use the Games for any unlawful purpose or for any purpose that is prohibited by this Agreement. You further agree not to:
- Engage in any illegal activity, including gambling, or the planning of any illegal activity;
- Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of Living Pixels or any third-party;
- Threaten, harass, abuse, or otherwise intimidate any other Games user(s);
- Send or cause to be generated any unwanted e-mail to any Games user(s);
- Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with the Games;
- Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in the Games for any purpose;
- Use any artificial means to alter your position, or any other person’s position, in the Games;
- Improperly use the support or complaint features of the Games or make false reports to Living Pixels;
- Use the Games 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 information from any Games user(s); or,
- Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication.
Any use of the Games in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, immediate Account suspension and/or termination, immediate, license revocation, prohibition from using the Games, and/or legal action.
Some of the Games are intended to provide you with the “look and feel” of casino games; however, there are important differences between the Games and traditional casino games, and it is important for you to understand and agree to those differences. You understand and agree as follows:
- You will need Coins to participate in or play the Games; however, you do not need to buy Coins or provide us with anything of value to participate in or play the Games. The Games will periodically award you with free Coins and/or provide you with opportunities to acquire additional Coins at no cost to you.
- Purchases of Coins are nonrefundable once the Coins are placed into your Account. To be clear: once you purchase Coins, your only choice is to use the Coins for gameplay. Unused Coins in inactive accounts will be forfeited.
If you do not understand and agree with these “Gameplay” provisions then you should not access or use any of the Games.
LIMITATIONS OF LIABILITY & WARRANTIES
Disclaimer of Warranties. You expressly acknowledge and agree that your access to and/or use of the Games is at your sole risk. You further acknowledge and agree that the Games are 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 software), and/or any third-party who provides products or services purchased from or distributed by Living Pixels, as well their respective officers, directors, members, managers, representatives, employees, investors or the like (collectively “Living Pixels Providers”), warrant that services affiliated with Living Pixels, including, but not limited to, the Games and the interactions available through the Games, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
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 GAMES, SECURITY OF THE GAMES, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE GAMES, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE GAMES.
NEITHER LIVING PIXELS NOR ANY LIVING PIXELS PROVIDER MAKES A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAMES OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE GAMES. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE GAMES 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 GAMES (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE GAMES) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED LIVING PIXELS REPRESENTATIVE.
Limitations on Liability. NEITHER LIVING PIXELS NOR THE LIVING PIXELS PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE GAMES OR ANY ASPECT THEREOF. THE OPERATION OF THE GAMES 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 GAMES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III) OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE GAMES; OR (IV) ANY OTHER MATTER RELATING TO THE GAMES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, LIVING PIXELS’ LIABILITY TO YOU 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 GAMES, OR $50, WHICHEVER IS GREATER.
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.
SERVICE AND MAINTENANCE
Living Pixels conducts maintenance work on its systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Games may not be available during maintenance periods. Users will generally be notified of maintenance periods in advance; however, you hereby agree that Living Pixels may update the Games with or without notifying you. Living Pixels also reserves the right to modify or discontinue operation of any aspect of the Games at any time, including, without limitation, the availability of the Games or any features or content thereon. Living Pixels may also impose limits on certain features and offerings or restrict access to parts or all of the Games with or without notice to Users and without liability to Users or any third-party.
CALIFORNIA CONSUMER NOTICE
As required by California Code Section 1789.3, this notice is to advise Users that (i) the Games are provided by Living Pixels Studio LLC, 530 Lytton Ave, 2nd Floor, Palo Alto, California 94301, Phone: 1- (800) 971-0734 and (ii) a fee may be charged for certain offerings, including, without limitation, in connection with the Games. Living Pixels reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the Games or desire further information on use of the Games, please contact 1-(800) 971-0734.
BINDING ARBITRATION AND CLASS ACTION WAIVER
Arbitration and Governing Law. In case of any dispute arising between Living Pixels and you, the party raising the dispute shall issue a written notice to the other party. In case the notice is to be issued to you, sending the notice to the email address registered with Living Pixels shall constitute delivery. A notice to be issued to Living Pixels is to be served on 530 Lytton Ave. 2nd Floor. Palo Alto CA, 94301.
On receipt of the notice, the parties shall first try to resolve the dispute amicably through discussions. If the parties are unable to resolve the dispute within thirty (30) days of receipt of the notice, the dispute shall be referred to and thereafter settled by arbitration as provided here.
If the dispute cannot be resolved amicably, you agree to finally settle all disputes only through arbitration; provided, however, that Living Pixels shall be entitled to seek injunctive or equitable relief in the state and federal courts in Palo Alto, California and any other court with jurisdiction over the parties. The pursuit of such equitable or injunctive relief shall not constitute 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 GAMES: (I) YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY WAIVE 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 arbitration, there is no judge or jury and appellate review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to Games, or these terms, shall be resolved solely by binding arbitration before a sole arbitrator under the commercial arbitration rules of the American Arbitration Association (the “AAA”). If in-person proceedings are required, then those proceedings shall take place in Palo Alto, California, unless Living Pixels agrees to a different location. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate shall not apply and the dispute must be brought exclusively in Palo Alto, California. The parties shall evenly split the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing).
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 GAMES 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 jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Opt-Out: You can decline this agreement to arbitrate by sending a letter to Living Pixels that must be postmarked within 30 days of your acceptance of this Agreement. The letter must specify your first and last names, email, mailing address, and explain that you are opting out of the Living Pixels Agreement’s arbitration provision. The letter should be sent to: 530 Lytton Ave. 2nd Floor. Palo Alto CA, 94301. If you opt out of these arbitration provisions, then (i) Living Pixels will not be bound by them either, and (ii) you shall not be permitted to access or participate in the Games, and you hereby agree to refrain from accessing or participating in the Games.
3RD PARTY FINANCIAL INSTITUTION CREDIT TRANSFER
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Living Pixels because of this Agreement or your use of the Games. You shall not hold yourself out as a representative, agent, operator, distributor, or employee of Living Pixels and Living Pixels shall not be liable for any of your representations, acts, or omissions. You also agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Force Majeure. Living Pixels shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Waiver/Severability. No failure or forbearance on Living Pixels’ part to exercise its rights or insist upon performance of obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations 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 reflecting the intent of the parties 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.
Notices. Living Pixels may notify you via postings in the Games, via e-mail and/or any other method of communication to the contact
Living Pixels Studio LLC
530 Lytton Ave
Palo Alto, California 94301
Email: [email protected]
Last Modified: April 1st, 2023