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TERMS AND CONDITIONS OF USE

Date Last Modified: October 27th, 2021

Thank you for reviewing these Terms and Condiions of Use (the “Terms of Use,” “Terms,” or “Agreement”). Living Pixels Studio LLC (“Living Pixels,” “We,” “Us,” or “Our”) maker of mobile/website app games, Final Run and DingDingDing (“Website”), its mobile applicaion (“App”), and any other services (collecively the “Living Pixels Service”) available for your (“You,” “Your,” “User,” or “Users”) use subject to this Agreement. This Agreement spells out what Users can expect from Living Pixels and what Living Pixels expects from its Users.

The Living Pixels Privacy Policy is an integral part of this Agreement and is expressly incorporated by reference. The Living Pixels Privacy Policy explains how Living Pixels collects and protects informaion about Users who use the Living Pixels Service and can be viewed at: livingpixels.studio/privacy

Please read this Agreement carefully before creaing a Living Pixels account (“Account”), downloading the Apps, using the Websites, or paricipaing in any Living Pixels Services. Any quesions regarding the Terms or the Privacy Policy should be directed to: [email protected]

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 free-to-play casino style games, slot machine, or other games available via the Services (each a “Contest”), Users: (i) acknowledge that they have read and agree to be bound to and abide by these Terms; (ii) accept and agree to all obligaions, rules and scoring systems for each Contest in which they paricipate; and (iii) represent and warrant that they are authorized and able to accept these Terms. Living Pixels may also issue addiional terms, rules and condiions of paricipaion in paricular Contests, which are expressly incorporated by reference. Users agree to be subject to them if they paricipate in such Contests. If a User does not wish to be bound by the Terms, the User must not download, access or use the Living Pixels Service. By

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 e-mail addresses on file. Users’ coninued use of the Living Pixels Service following such changes consitutes acceptance of such changes. If Users do not agree to the changes, their sole remedy is to cease using the Living Pixels Service. If Users breach any of the Terms, their authorizaion to use the Living Pixels Service automaically terminates..

2.ELIGIBILITY

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 non-public Living Pixels Service data or any other data not made available to all Users on the Living Pixels Service that may impact contest outcome and (ii) they do not receive any other unfair advantages in their play in the Contest. LIVING PIXELS RESERVES THE RIGHT TO DENY ACCESS TO THE

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;

Any violaion of Contest rules or the Terms of Use;

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 third-party tools) to interact with the Website in any way (this includes, but is not limited to: creaing a contest, entering a contest, withdrawing from a contest, creaing a lineup, and ediing a lineup);

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.

By inpuhng a payment method to purchase virtual items, the registered User hereby affirms that the registered User is the lawful owner of the payment method account used to make any deposit(s). It shall be a violaion of these Terms of Use for any registered User to submit payment using any payment method that is not owned by the registered User.

3.USER ACCOUNTS

Registration Information

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.

You agree to (i) provide true, accurate, current and complete informaion about Yourself (the “Registraion Data”) and (ii) maintain and promptly update the Registraion Data to keep it true, accurate, current and complete. You may modify Your Registraion Data by logging into Your Account and making such changes. For further assistance, please contact customer service at: [email protected]. Any informaion collected by Living Pixels will be held subject to Living Pixels ’s Privacy Policy, available at LivingPixels.Studio/Privacy and “just-in-ime” noices, if any, provided at the point of informaion collecion or use. If You provide any informaion that is untrue, inaccurate, not current or incomplete, or Living Pixels has reasonable grounds to suspect that such informaion 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 Living Pixels Service (or any porion thereof).

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.

Secrecy Obligation

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 e-mail to: [email protected] whereupon new Idenifiers may be selected and allocated and any future transacions under the previous Idenifiers may be voided, at the sole discreion of Living Pixels. Without limiing the foregoing, any transacions made and accepted within the Living Pixels app where Your

Idenifiers have been used (and where You have not previously noified Living Pixels as provided herein) will be treated as valid.

One Account

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.

You are responsible for maintaining the confideniality of your login names and passwords and you accept responsibility for all aciviies, charges, and damages that occur under your account. It shall be a violaion of these Terms of Use to allow any other person to use your account to paricipate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resuling from your failure to noify us of unauthorized use. If we request registraion informaion from you, you must provide us with accurate and complete informaion and must update the informaion when it changes.

No Transfer

Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third-party, including, without limitaion, 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 Jurisdicion 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 Living Pixels Service and for any use of Your Account by any other person or third-party in connecion with Your Account. Any person found to have violated this secion may be reported to the relevant authoriies and will forfeit all rewards in their Account. Living Pixels will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge, unless You have previously noified Living Pixels as provided herein that Your Idenifiers are no longer secure and confidenial. In the absence of prior noificaion to Living Pixels that Your Idenifiers are no longer secure and confidenial, You will be liable for losses incurred due to someone else using Your Account.

Equipment Obligation

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]

Inactive Accounts

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.

4.CONTESTS

Contests

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 then-current rules for the Contest(s) in which You paricipate. Your failure to follow the then-current rules for the Contest(s) in which You paricipate will result in Your immediate and automaic forfeiture of the Contest(s), and We reserve the right to immediately suspend or terminate Your access to the Living Pixels Service.

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.

Contests

All Contests offered on the Living Pixels Service are free-to-play (i.e., no monetary entry fee will be charged). In the event of a dispute regarding the idenity of the person submihng an entry into a Contest, the entry will be deemed submiled by the person in whose username the entry was submiled, or if possession of the username itself is contested, the name of the Authorized Account Holder. “Authorized Account Holder” is defined as the natural person who is the age of majority in his or her Jurisdicion of residence and who is assigned to an e-mail address by an Internet access provider, online service provider, or other organizaion (e.g., business, educaion insituion, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submiled e-mail address for registraion with the Living Pixels Service.

Cheating

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 e-mail or other means of communicaion available including in-app messages once the final results of a given Contest are determined, although We reserve the right to make adjustments based on errors or irregulariies in staisical data or scoring in Our calculaion of results. We also may make adjustments in the event of noncompliance with the Terms. Any decision by Living Pixels as to the winner(s) of a Contest shall stand as a final and binding decision. Living Pixels has no obligaion to delay the awarding of a prize in anicipaion of any adjustment, but We reserve the right to reverse prizes in the event of any adjustment. By registering an Account and/or paricipaing in any Contest, You uncondiionally agree that Living Pixels shall serve as the sole judge and arbiter as to the determinaion of a winner(s) in all Contests in the event a dispute arises and agree to cooperate with Our efforts to reverse prizing, as necessary.

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.

Living Pixels, in its sole discreion, may disqualify you from a contest or the enire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Living Pixels deems, in its sole discreion, to be improper, unfair, fraudulent or otherwise adverse to the operaion of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal informaion, including payment informaion, required to use the Service or claim a prize; violaing eligible payment method terms, including the terms of any cash rewards payment card, violaing any of these rules, accumulaing points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administraion of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ informaion and spamming other entrants; and abusing the Service in any way; or otherwise violaing these Terms of Use. You acknowledge that the forfeiture and/ or return of any prize shall in no way prevent Living Pixels from informing the relevant authoriies, and/ or pursuing criminal or civil proceedings in connecion with such conduct.

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

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.

Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any ime for any reason. In the event of a cancellaion, all entry fees will be refunded to the customer except as specifically provided in these Terms of Use.

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 e-mail or U.S. Mail to receive and return an executed affidavit of eligibility, a liability release and, where lawful, a publicity release (collecively, the “Affidavit”) and/or appropriate tax forms within seven (7) days of noificaion. By paricipaing in the Contest within the Service, You agree to receive via e-mail or U.S. Mail and return an executed Affidavit and/or appropriate tax forms, as applicable, and You agree that if such documents are not returned within the specified ime period, or if the prize or prize noificaion is unclaimed or returned as undeliverable, or if You are not in compliance with these Terms, the prize will be forfeited and may be awarded to another potenial winner at Our discreion.

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 ani-fraud checks on playing palerns and deposits prior to processing a withdrawal, and we may request addiional informaion before permihng a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any ime and for any reason.

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 state-imposed deposit limits.

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, e-mail address and payment account informaion. Living Pixels, at its sole discreion, may request addiional informaion to ascertain the validity of a redempion request and Your idenity.

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).

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8.LIMITED LICENSE TO THE LIVING PIXELS APP

License Grant

Subject to the terms and condiions of this Agreement, Living Pixels grants Users a limited, non- exclusive and non-transferable license to (i) download, install and use the Living Pixels App solely in connecion with the Living Pixels Service on a mobile device owned or otherwise controlled by Users (“Mobile Device”) strictly in accordance with this Agreement and (ii) access and use the Living Pixels

Service made available in or otherwise accessible through the Living Pixels App strictly in accordance with this Agreement.

License Restrictions

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

any third-party for any reason, including by making the Living Pixels App available on a network where it is capable of being accessed by more than one (1) Mobile Device at any ime;

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

App; or

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.

Export Regulation

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, re-export or release the Living Pixels App to, or make the Living Pixels App accessible from, any jurisdicion or country to which export, re-export or release is prohibited by law, rule or regulaion. Users shall comply with all applicable federal laws, regulaions and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporing, re-exporing, releasing or otherwise making the Living Pixels App available outside of the United States.

9.OTHER INTELLECTUAL PROPERTY RIGHTS

Copyright Information and Personal & Non-Commercial Use Limitation

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.

Trademarks

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.

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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 third-party;

Threaten, harass, abuse, or otherwise inimidate any User(s);

Send or cause to be generated any unwanted e-mail to any User(s);

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, muli-level markeing schemes, sites repurposing exising stories or off-topic content;

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 muli-accouning, for which you are ineligible (e.g., beginner contests when you are not a beginner).

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 third-party who provides products or services purchased from or distributed by Living Pixels as well their respecive officers, directors, members, managers, representaives, employees, investors or the like (collecively “Living Pixels Providers”), warrant that services affiliated with Living Pixels, including, but not limited to, the Website, the Living Pixels App, and the contests and services offered thereon, 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 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

PIXELS

SERVICE) 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 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 third-party. All problems encountered during the use of the Living Pixels Service, including those with regard to User Accounts, etc., can be reported to Living Pixels at [email protected]

14.PAYMENT PROCESSORS

The Living Pixels Service may use third-party electronic payment processors and financial insituions (“Payment Processors”) to process payments. The informaion that We provide to and receive from these Payment Processors and the manner in which such informaion is used and disclosed is described in further detail in the Living Pixels Privacy Policy. Users irrevocably authorize Us, as necessary, to instruct such Payment Processors to handle payments and Users irrevocably agree that Living Pixels may give such instrucions on a User’s behalf in accordance with User requests as submiled through the Living Pixels Service. Users agree to be bound by the terms and condiions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors’ terms and condiions, then these Terms shall prevail. Users agree that Living Pixels is not liable for any loss caused by any unauthorized use of credit cards or other methods of payment by a third-party in connecion with a User’s use of the Living Pixels Service, except as a result of the gross negligence of Living Pixels.

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: 1-800-971-0743, and (ii) a fee may be charged for certain offerings, including, without limitaion, in connecion with Living Pixels Service. Living Pixels reserves the right to change the amount of any fee or charge and to insitute new fees or charges, effecive on reasonable noice to Users. If Users have a complaint regarding the Living Pixels Service or desire further informaion on use of the Living Pixels Service, please contact: [email protected]

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 in-person hearing is required, then it will take place in Palo Alto, California. The federal or state law that applies to these Terms of Service (California) will also apply during the arbitraion. 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 acions; provided, however, if for any reason any court or arbitrator holds that this restricion is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdicion in Palo Alto, California. Living Pixels agrees

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.

Opt-Out: You can decline this agreement to arbitrate by sending a leler to Living Pixels that must be postmarked within 30 days of your acceptance of these Terms of Service containing an arbitraion provision. The leler must specify your first and last names, email, mailing address, and explain that you are oping out of the Living Pixels Terms of Service arbitraion provision. The leler should be sent to: [email protected] If you opt out of these arbitraion provisions, Living Pixels will not be bound by them either.

17.GENERAL PROVISIONS

Relationship of Parties/No Third-party Beneficiaries

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.

Assignment

Living Pixels may assign its rights and obligaions under this Agreement and/or the Living Pixels Privacy Policy, in whole or in part, to any person or enity at any ime with or without the Users’ consent. Upon such assignment, Living Pixels may be relieved of any further obligaion hereunder. Users may not assign or delegate any rights or obligaions under this Agreement or the Living Pixels Privacy Policy without Living Pixels’ prior wrilen consent, and any unauthorized assignment and delegaion by Users is void and ineffecive.

Circumvention/Indemnification

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.

Force Majeure

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.

Waiver/Severability

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.

Entire Agreement

These Terms consitute the enire agreement between Users and Living Pixels with respect to the subject maler hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, wrilen or oral, regarding such subject maler. Any waiver of any provision of these Terms or the Living Pixels Privacy Policy will be effecive only if in wriing and signed by Living Pixels .

Supplemental Policies

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.

Notices

Living Pixels may noify Users via posings in the Living Pixels Service, via e-mail and/or any other method of communicaion to the contact informaion Users provide to Us. All quesions, complaints, or claims pertaining to the Living Pixels Service as well as any noices given by Users or required from Users under these Terms or the Living Pixels Privacy Policy shall be in wriing and directed to:

Living Pixels Studio LLC

530 Lylon Ave

2nd Floor

Palo Alto, California 94301

Phone: 1-800-971-0734

Email: [email protected]

Any noices Users provide that do not comply with this Secion 17 shall have no legal effect.

18.GOVERNMENTAL COMPLIANCE

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.

THE SECTION TITLES IN THESE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

Please visit this page regularly for updates to these Terms of Use.