Terms of Service
TERMS AND CONDITIONS OF USE
This is an agreement (“Agreement”) between Living Pixels Studio LLC, a California limited liability company (“Living Pixels,” “we,” “us,” or “our”), and you, 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 Games, you agree to the terms of this Agreement. If you do not agree with the provisions of this document, then you should not create a Living Pixel Account (defined below), nor should you 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 “Date Last Modified” 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.
You must create an account and register with Living Pixels (an “Account”) to be eligible to participate in the Games. you must, at the time of registration: (i) be at least eighteen (18) years of age at time of account registration (or you must be at least nineteen (19) years of age if you are a legal resident of Alabama or Nebraska); and (ii) at all times abide by the terms of this Agreement. 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. In those jurisdictions you are prohibited from installing, accessing, using, or interacting with any Games.
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 present 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. If you choose to access the Games, 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 participation. If you open an Account and/or participate in the Games while located in a Jurisdiction that prohibits such activities, you will be in violation of the law of such jurisdiction and this agreement, and your Account may be suspended or terminated. LIVING PIXELS RESERVES THE RIGHT TO DENY ACCESS TO THE GAMES TO ANYONE AT OUR SOLE DISCRETION.
By inputting a payment method to purchase virtual items, the registered User hereby affirms that the he/she is the lawful owner of the payment method account used to make any purchases It shall be a violation of this Agreement for any registered User to submit payment using any payment method that is not owned by the registered User
To create an Account, go to the Website or download the Game and complete the registration form. To create an Account, you may be required to (i) submit your age, and (ii) select a unique username and a password (collectively, the “Identifiers”). The 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”). More specifically, a secure password should contain a combination of numbers, letters 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 initiate contact with you asking for answers to your password security questions.
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 by sending an e-mail to firstname.lastname@example.org whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Living Pixels. 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.
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 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.
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of this Agreement to allow any other person to use your account to participate in or play any of the Games. 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 resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
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 tokens (if any) 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.
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) or by contacting us at 1-800-971-0734. Living Pixels may suspend or terminate Accounts, confiscate any Account tokens in accordance with 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 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 a User’s Account is terminated or cancelled, the User will have no further access to his/her Account or anything associated with it. Users can lose their username and persona in the Games as a result of Account termination or cancellation. If your Account is subject to a suspension or termination, you must respect the restrictions and limitations imposed on your Account as part of the suspension or termination, and you should communicate with Living Pixels regarding restoration of your Account only via email and phone at email@example.com. You may also contact us via customer service at 1-800-971-0734.
Subject to the terms and conditions of this Agreement, Living Pixels grants you a limited, non-exclusive and non-transferable license to access, download, install and use the Games on a computer or mobile device owned or otherwise controlled by you (“Mobile Device”).
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.
Your further acknowledge and agree that the Games are provided under license, and not sold, to you. At no time will you acquire any ownership interest in the Games or any portion thereof (including but not limited to tokens you acquire by playing the Games), or any other rights thereto other than to use the Games in accordance with the license granted herein, and subject to all terms, conditions and restrictions, under this Agreement. Living Pixels and its licensors and service providers reserve and shall at all times retain their entire right, title and interest in and to the Games, including all copyrights, trademarks and other intellectual property rights therein or relating thereto.
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.
OTHER INTELLECTUAL PROPERTY RIGHTS
Copyright Information and Personal & Non-Commercial Use Limitation
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 does not claim ownership of intellectual property owned by third parties
Except as expressly permitted by this Agreement, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available through the Games. In addition, you shall not:
- Modify copies of any materials available through the Games;
- Reprint or electronically reproduce any content available through the Games, in whole or in part;
- Provide copyrighted or other proprietary content to Living Pixels or make such content available through the Games without permission from the owner of such material or rights;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the Games; or
- Access or use for any commercial purposes any part of or materials available through the Games.
Printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the Games in breach of this Agreement may result in the termination of a User’s Account, prohibition from using the Games, and/or legal action. Content owners may take criminal or civil action against Users for unauthorized use of intellectual property. You agree to indemnify and hold Living Pixels harmless from any unauthorized or illegal conduct by Users or through the use of a your Account.
Living Pixels has/may register trademarks for its many goods and services, including, without limitation, the associated graphics, logos and service marks and they may not be used without prior written consent of Living Pixels. All other trademarks, product names, and company names and logos appearing within the Games are the property of their respective owners.
Rights of Publicity
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.
Ideas and Inventions
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.
Users agree not to 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, its Users, or any thirdparty;
- Threaten, harass, abuse, or otherwise intimidate 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 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;
- Using any artificial means to alter a User’s position in the Games;
- Improperly using support or complaint features of the Games or making 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 User(s);
- Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
- Creating more than one (1) Account;
- Selling or transferring an Account or any attributes related thereto; or
- Engaging in any other activity 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 transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Living Pixels user;
- create or submit unwanted email (“Spam”) to any other Living Pixels users;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Games for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Games or any activities conducted on the Games; or (3) bypass any measures we may use to prevent or restrict access to the Games;
- use artificial means, including creating multiple user accounts, to inflate your position and standing with the Living Pixels leader boards and community; use unauthorized scripts; all authorized scripts will be made available through the Games prior to game entry;
- advertise to, or solicit, any user to buy or sell any products or service, or use any information obtained from the service in order to contact, advertise to, solicit, or sell to Users without their prior explicit consent;
- sell or otherwise transfer your profile; or
- attempt to influence the play in any Game in which you are involved or in which you have a direct or indirect interest.
Any use of the Games in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account suspension and/or termination, prohibition from using the Games, and/or legal action. Users understand that any attempt to deliberately damage the Games or undermine any Contest may also be a violation 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 permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to firstname.lastname@example.org. Please report responsibly.
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 virtual tokens (“Tokens”) to participate in or play the Games; however, you do not need to buy Tokens or provide us with anything of value to participate in or play the Games. The Games will periodically award you with free Tokens and/or provide you with opportunities to acquire additional Tokens at no cost to you. If you have any questions about this, please contact us for more information at 1-800-971-0734 or via email at email@example.com.
- Tokens have no cash value and are not redeemable for any product, good, or service whatsoever.
- Tokens are not real money and can only be used to participate in and play the Games. If you “win” additional Tokens, you can only use them for additional gameplay and for no other purpose.
- Purchases of Tokens are nonrefundable once the Tokens are placed into your Account. To be clear: once you purchase Tokens, your only choice is to use the Tokens for gameplay. Unused Tokens 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 ON WARRANTY AND LIABILITY
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 DURING THE TERM OF HIS/HER REGISTRATION, 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 us via email at firstname.lastname@example.org.
BINDING ARBITRATION AND CLASS ACTION WAIVER
Dispute Resolution; 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 email@example.com
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 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 streamlined Arbitration 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 Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration 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 this Agreement (California) will also apply during the arbitration. 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 doesn’t apply and the dispute must be brought in a court of competent jurisdiction 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).
The rules for commercial arbitration of JAMS or the AAA (as applicable) shall govern the interpretation, enforcement and all proceedings at such arbitration and judgment upon such arbitration award may be entered in any court having jurisdiction. 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 containing an arbitration provision. 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, Living Pixels will not be bound by them either.
Relationship of Parties/No Third-party Beneficiaries
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Living Pixels as a result of this Agreement or your use of the Games. You agree not to 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.
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.
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.
Living Pixels Studio LLC
530 Lytton Ave
Palo Alto, California 94301
Please visit this page regularly for updates to this Agreement.