Terms and Conditions

This is a license agreement (“Agreement”) between Living Pixels Studio LLC, a California limited liability company (“Living Pixels,” “we,” “us,” or “our”), and you (“you” or “your”), the person who installs, accesses, uses, or interacts with any of Living Pixel’s software applications, mobile applications, websites, games, or related resources (collectively, “Games” and individually, a “Game”) on our Platform. By installing, accessing, using, or interacting with any Game, you agree to the terms of this Agreement, including the Licensing Terms (defined below). If you do not agree with the provisions of this Agreement, then you must not create a Customer Account (defined below), and you must not install, access, use, or interact with any Game or the Platform.

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. SEE SECTION 21 BELOW FOR MORE INFORMATION.

THE GAMES AND PLATFORM DO NOT OFFER REAL MONEY GAMBLING, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.

ONLY PLAYERS IN THE UNITED STATES (EXCLUDING THE STATES OF IDAHO, MICHIGAN, NEVADA, AND WASHINGTON) ARE ELIGIBLE TO ENTER THE SWEEPSTAKES.

YOU CAN REQUEST REDEMPTION OF ANY PRIZES BY SELECTING THE "REDEEM" BUTTON ON THE PLATFORM. WHERE YOU REDEEM PRIZES FOR GIFT CARDS, SUCH PRIZES WILL BE ALLOCATED TO THE EMAIL ADDRESS REGISTERED AGAINST YOUR CUSTOMER ACCOUNT, AND IF THIS IS NOT TECHNICALLY POSSIBLE, THEN TO AN ALTERNATIVE EMAIL ADDRESS YOU HAVE DESIGNATED. WHERE YOU REDEEM PRIZES FOR CASH, SUCH PRIZES WILL BE PAID TO THE PAYMENT MEDIUM FROM WHICH YOU PURCHASED GOLD COINS, AND IF THIS IS NOT TECHNICALLY POSSIBLE, THEN THROUGH AN ELECTRONIC PAYMENT TO THE BANK ACCOUNT YOU HAVE DESIGNATED.

NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO PARTICIPATE IN DINGDINGDING.COM SWEEPSTAKES. PARTICIPANT’S CHANCE OF WINNING WILL NOT BE INCREASED OR IMPROVED IN ANY WAY BY MAKING A PURCHASE OR PAYMENT OF ANY TYPE OR VALUE.

(a) 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 or the Platform after the Additional Rules have been posted at or through the applicable Games. If you do not agree with any provision of these Terms and Conditions or any other linked policy, rules or terms you may not install or use the Platform or play any Game.

(b) Living Pixels reserves the right to change this Agreement at any time without prior notice to you. If Living Pixels modifies this Agreement, Living Pixels will update the “Last Modified” date and such changes will be effective upon posting. If we make what we determine to be material changes to this Agreement, we will notify you by prominently posting a notice on or through the applicable Game or, in our discretion, by sending a notice to your e-mail addresses that we have on file. Your continued use of the Games following such changes constitutes acceptance of such changes. If you do not agree to the changes, your sole remedy is to cease accessing and using the Games.

Terms within this Agreement that are not otherwise defined elsewhere in this Agreement have the following meanings:

(a) “Collective Arbitration” means any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding.

(b) “Content” means text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and Platform. Content includes Gold Coins and Sweepstakes Coins.

(c) “Customer Account” means an account held by a Registered Customer.

(d) “Excluded Territory” and “Excluded Territories” means the states of Idaho, Michigan, Nevada, and Washington in the United States, as well as any outlying U.S. territories or possessions, and any jurisdiction outside the United States of America.

(e) “Game” means any one or more Game(s) available on the Platform in either Standard Play or Promotional Play. We reserve the right to add and remove Games from the Platform at our sole discretion.

(f) “Gold Coin” means the virtual social gameplay token which enables you to play the Standard Play Games. Gold Coins have no monetary value and cannot under any circumstance be redeemed for prizes.

(g) “Inactive Account” means a Customer Account which has not recorded any log in or log out for a period exceeding 6 consecutive months.

(h) “Merchandise” means any physical goods provided to you by Living Pixels as a reward or as a competition or tournament prize.

(i) “Participate” means playing any Games or using our Platform in any manner whatsoever, including any of the conduct described in Section 4.

(j) “Payment Method” means any card, online wallet, financial/bank account or other payment medium used to purchase Gold Coins.

(k) “Platform” means the services provided through any URL or mobile application belonging to, or licensed to, Living Pixels, and branded as part of the "DingDingDing" family of games, including the website located at https://www.DingDingDing.com (the “Site”) and all subdomains, subpages and successor sites thereof, as well as all Games, features, tools and services available thereon.

(l) “Player” or “you” means any person who Participates, whether or not a Registered Customer.

(m) “Prizes” means prizes won when playing Promotional Play Games which are redeemable for valuable prizes in accordance with the Sweeps Rules.

(n) “Promotional Play” means participation in our sweepstakes promotions by playing any games on the Platform with Sweepstakes Coins.

(o) “Registered Customer” means a Player who has successfully registered a Customer Account, whether that account is considered active or not.

(p) “Standard Play” means participating in any game on the Platform played with Gold Coins. We may give you Gold Coins free of charge when you sign up to a Platform and thereafter at regular intervals when you log into a Platform. You may win more Gold Coins when you play in Standard Play and you may purchase more Gold Coins on the Platform. You cannot win prizes when you Participate in Standard Play.

(q) “Sweepstakes Coins” means sweepstakes entries subject to the Sweeps Rules. We may give you Sweepstakes Coins free of charge when you sign up to a Platform, as a bonus when you purchase Gold Coins or via each of our free alternative methods of entry as set out in the Sweeps Rules. You may win more Sweepstakes Coins when you Participate in Promotional Play. YOU CANNOT PURCHASE SWEEPSTAKES COINS.

(r) “Sweeps Rules” means the Sweeps Rules available on the Platform.

(s) “Terms and Conditions” means these terms and conditions, as amended from time to time.

(t) “Third Party Website” means a third-party website not controlled by us.

Your ability to access and use the Games and the Platform are subject to the licensing provisions of this Agreement. By installing, accessing, using, or participating any Games or the Platform, you affirm that you have read and understood the license terms and restrictions described herein (“Licensing Terms”). If you do not understand or agree with the Licensing Terms, then you must not use or participate in any of the Games or the Platform. The following Licensing Terms contain important restrictions on the acquisition, use, and (if applicable) redemption of any coins or tokens that you may acquire or be awarded during gameplay—please read these restrictions carefully.

(a) License to Access Games. Subject to the terms of this Agreement, you are hereby granted a nonexclusive, revocable, worldwide (except where prohibited by law and/or in jurisdictions in which we do not offer or provide access to the Games), royalty-free, non-transferable and non-assignable license to download (if applicable), install (if applicable), access, use, and participate in the Games through the Platform on a computer or mobile device owned or otherwise controlled by you (“Mobile Device”).

(b) License to Receive/Use Tokens and Coins. In addition to the foregoing and subject to the terms of this Agreement, you are hereby granted a nonexclusive, revocable, worldwide (except where prohibited by law and/or in jurisdictions in which we do not offer or provide access to the Games), royalty-free, nontransferable and non-assignable license to use during gameplay any tokens or coins that are provided, distributed, and/or awarded to you by, at, or through the Games, including but not limited to Gold Coins, Sweepstakes Coins, tokens, “free tokens,” or any similar items or virtual materials (collectively, “Coins”).

(c) These Terms and Conditions do not grant you any right, title or interest in the Platform or Content.

(d) You acknowledge and agree that your license to use the Platform is limited by these Terms and Conditions and if you do not agree to, or act in contravention of, these Terms and Conditions, your license to use the Platform (including the Games and Content) may be immediately terminated.

(e) Where the Platform or any Game is deemed to be illegal under the laws of the jurisdiction in which you reside or are situated, you will not be granted any license to, and must refrain from accessing, the Platform or relevant Game

(a) Living Pixels makes no representations or warranties, implicit or explicit, as to your legal right to participate in any of the Games, nor shall any person affiliated, or claiming affiliation with Living Pixels have authority to make any such representations or warranties. We do not intend for the Games to be used by persons under the age of eighteen or by persons in jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Games does not constitute an offer, solicitation, or invitation by us for the use of the Games in any Jurisdiction in which such activities are prohibited or restricted. You hereby agree that we are not liable to you if laws applicable to you restrict or prohibit your participation in any of the Games. If you open an Customer Account and/or participate in the Games while located in a jurisdiction that prohibits such activities, your Customer Account may be suspended or terminated. LIVING PIXELS RESERVES THE RIGHT TO DENY ACCESS TO THE GAMES TO ANYONE AT OUR SOLE DISCRETION.

(b) GOLD COIN PURCHASES MADE FROM WITHIN THE EXCLUDED TERRITORIES WILL BE VOIDED AND REFUNDED, MINUS AN ADMINISTRATIVE FEE OF UP TO 10% OF THE TOTAL PURCHASES MADE BY THE PLAYER, IN ADDITION TO ANY CHARGES THAT MAY BE LEVIED BY THE BANK OR FINANCIAL INSTITUTION MANAGING SUCH REVERSAL.

(c) You declare and warrant that:

(a) All promotions including Promotional Play, contests, and special offers are subject to these Terms, the official Sweeps Rules and any additional terms that may be published at the time of the promotion, contest or special offer.

(b) Living Pixels Studio LLC reserves the right to withdraw or alter any such promotions without prior notice to You at our sole discretion.

(c) We reserve the right at our sole discretion and without any requirement to give reasons to exclude You from any promotions, contests or special offers that are offered from time to time.

(d) Living Pixels Studio LLC reserves the right to exclude You from any promotions, contests or special offers if we believe that You have tried to enter by using more than one Customer Account or are otherwise engaging in any fraudulent or illegal activity (including participation that would be in breach of the law in Your local jurisdiction), whether or not You would have or might have won but for such activity. Where multiple entries/accounts have been used, we reserve the right to suspend these accounts and withhold any promotional benefits.

(e) You confirm that You grant us an irrevocable, perpetual, worldwide, nonexclusive, royalty-free License to use in whatever way we see fit, and without further acknowledgement of You as the author, any content You post or publish as part of a promotion, contest or competition.

(a) Prize Redemption Methods. Subject to these Terms and Conditions:

(b) Limits and Fees

(c) Your Responsibility for Prize Redemptions and Accuracy of Details

(d) Ownership of Accounts. Subject to Section 9(d)(i)(A), we will not make payments into an account or online wallet which does not match your verified name or the name you provided when registering your Customer Account, or that is not legally and beneficially owned by you.

(e) Account Information Accuracy. When you are required to provide the details of your financial institution, bank account or online wallet, you agree that you are solely responsible for the accuracy of those details. You further agree that, when you have chosen to redeem a Prize for cash and the details you have provided are not accurate, and we have processed the payment using the details you have provided, the redemption of that Prize is complete and we cannot and are not required to reverse or reissue the payment

(f) Alternative Accounts. You acknowledge and agree that, if your financial institution will not accept payments from Living Pixels or where your bank account or online wallet does not meet the requirements in these Terms and Conditions:

(g) Currency

(h) Timing and Frequency for Prize Redemptions

(i) Expiration and Forfeiture. Sweepstakes Coins are only valid for 60 days from the date you last logged on to your Customer Account and will thereafter automatically expire. Sweepstakes Coins may be forfeited if a Customer Account is closed for any reason, or at our discretion.

(j) Updating Payment Details. Updating or adding additional payment details for the sole purpose of redeeming Prizes may only be done by you when logged into your Customer Account and when you are undergoing the process of redeeming a Prize. We cannot update or add additional payment details on your behalf.

(k) Refused Prizes. If you choose to redeem Prizes for cash but refuse to accept payments made to your identified bank account by Living Pixels, you must refuse the amount in its entirety. Where you refuse to accept payment to your identified bank account more than twice in any 3 month period, Living Pixels reserves the right to suspend your Customer Account to undertake investigations to ensure that the Platform is not being used as a vehicle for fraudulent activity.

(a) You acknowledge and agree that you shall not:

(b) You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions in order to prevent money laundering

(c) If Living Pixels suspects that you may be engaging in, or have engaged in fraudulent, unlawful or improper activity, including money laundering activities or any conduct which violates these Terms and Conditions, your access to the Platform will be suspended immediately and your Customer Account may be closed. If your Customer Account is suspended or closed under such circumstances, Living Pixels is under no obligation to reverse any Gold Coin purchases you have made or to redeem any Sweepstakes Coins or Prizes that may be in your Customer Account. In addition, Living Pixels may pass any necessary information on to the relevant authorities, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions. You will cooperate fully with any Living Pixels investigation into such activity.

(d) If you suspect any unlawful or fraudulent activity or prohibited transaction by another Player, please notify us immediately via the means of communication listed in the Customer Complaints procedure (described in Section 5(k)).

(e) 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.

You agree that you will not use the Games for any unlawful purpose or for any purpose that is prohibited by this Agreement. You further agree not to:

Any use of the Games in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, immediate Customer Account suspension and/or termination, immediate, license revocation, prohibition from using the Games, and/or legal action.

(a) 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.

(b) Living Pixels is the owner of many trademarks, including trademark rights in the names “Living Pixels” and “DingDingDing.” Living Pixel’s trademarks may not be used without Living Pixel’s prior written consent, which may be withheld by Living Pixels for any reason whatsoever. All other trademarks, product names, company names and logos appearing within the Games (if any) are the property of their respective owners.

(c) By installing, accessing, using, or interacting with any Games and/or the Platform, 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.

(d) 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.

(a) Third Party Websites. You acknowledge and agree that Living Pixels:

(b) You further acknowledge that some Third Party Websites may be fraudulent in nature, offering Gold Coins or Sweepstakes Coins which the operators of those websites are not authorized to provide, in an effort to induce you to reveal personal information (including passwords, account information and credit card details). You agree that Living Pixels is not responsible for any actions you take at the request or direction of these, or any other Third Party Websites. WE DO NOT AUTHORIZE ANY THIRD PARTY TO OFFER GOLD COINS OR SWEEPSTAKES COINS. Any such offer should be deemed fraudulent and disregarded.

(c) Third Party Websites are subject to the terms and conditions outlined by that third party.

(d) Links. Any links to Third Party Websites do not:

(e) Social Networking Sites. Where a website controlled and operated by Living Pixels contains links to various social networking sites, such as Facebook® and X®, you acknowledge and agree that:

(a) No warranties. The Platform is provided on an "as is" basis and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Platform (including the Games and Content).

(b) Malfunctions.

(c) Changes to the Platform. Living Pixels reserves the right to suspend, modify, remove or add Content to the Platform at its sole discretion with immediate effect and without notice to you. We will not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of the Platform (including any Game thereon) and you will have no claims against Living Pixels in such regard.

(d) Service Suspension. We may temporarily suspend the whole or any part of the Platform for any reason at our sole discretion. We may, but will not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Platform, as soon as is reasonably practicable, after such temporary suspension.

(e) VIRUSES. Although we take all reasonable measures to ensure that the Platform is free from viruses we cannot and do not guarantee that the Platform is free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.

(a) Living Pixels is committed to protecting and respecting your privacy and complying with all applicable data protection and privacy laws.

(b) Our Privacy Policy is inseparably linked to these Terms and Conditions and its acceptance is a prerequisite to account registration.

(a) 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.

(b) Limitations on Liability. NEITHER LIVING PIXELS NOR THE LIVING PIXELS PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE GAMES OR ANY ASPECT THEREOF. THE OPERATION OF THE GAMES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF LIVING PIXELS AND THE LIVING PIXELS PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER LIVING PIXELS NOR THE LIVING PIXELS PROVIDERS SHALL BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIVING PIXELS OR THE LIVING PIXELS PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE GAMES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III) OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE GAMES; OR (IV) ANY OTHER MATTER RELATING TO THE GAMES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, LIVING PIXELS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO LIVING PIXELS FOR USE OF THE GAMES, OR $50, WHICHEVER IS GREATER. IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER. NOTHING IN THESE TERMS AND CONDITIONS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF LIVING PIXELS FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS DIRECTLY AND PROXIMATELY CAUSED BY LIVING PIXELS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS SECTION 16 SURVIVES THE TERMINATION OF THESE TERMS AND CONDITIONS FOR ANY REASON.

(a) 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.

(b) Changed Operations. 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.

The Games may use third-party electronic payment processors and financial institutions (“Payment Processors”) to process payments. The information that we provide to and receive from these Payment Processors and the way such information is used and disclosed is described in further detail in the Living Pixels Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle payments and you irrevocably agree that Living Pixels may give such instructions on your behalf in accordance with your requests as submitted through the Games. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors’ terms and conditions, then these Terms shall prevail. You 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 connection with a User’s use of the Games, except as a result of the gross negligence of Living Pixels.

(a) Interest. You will not receive any interest on outstanding Prizes and you will not treat Living Pixels as a financial institution.

As required by California Code Section 1789.3, this notice is to advise Users that (i) the Games are provided by Living Pixels Studio LLC, 530 Lytton Ave, 2nd Floor, Palo Alto, California 94301, Phone: 1- (800) 971-0734 and (ii) a fee may be charged for certain offerings, including, without limitation, in connection with the Games. Living Pixels reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the Games or desire further information on use of the Games, please contact 1-(800) 971-0734.

(a) Arbitration and Governing Law. All rights and obligations of You and Living Pixels in connection with the Games, Standard Play, Promotional Play, the Gold Coins, the Sweepstakes Coins, and the Platform are governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. In case of any dispute arising between Living Pixels and you, the party raising the dispute shall issue a written notice to the other party. In case the notice is to be issued to you, sending the notice to the email address registered with Living Pixels shall constitute delivery. A notice to be issued to Living Pixels is to be served on 530 Lytton Ave. 2nd Floor. Palo Alto CA, 94301.

(b) Amicable Discussions. 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.

(c) Submission. If the dispute cannot be resolved amicably, you agree to finally settle all disputes only through arbitration; provided, however, that either you or we 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) until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief. The pursuit of such equitable or injunctive relief shall not constitute a waiver on the part of either party to pursue any remedy for monetary damages.

(d) WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR LIVING PIXELS SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED.

(e) No Jury. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND APPELLATE REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION.

(f) Procedures. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to Games, or these terms, shall be resolved solely by binding arbitration before a sole arbitrator under the commercial arbitration rules of the American Arbitration Association (the “AAA”). If in-person proceedings are required, then those proceedings shall take place in Palo Alto, California, unless Living Pixels agrees to a different location. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate shall not apply and the dispute must be brought exclusively in Palo Alto, California. The parties shall evenly split the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing).

(g) 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.

(h) Opt-Out: You can decline this agreement to arbitrate by sending a letter to Living Pixels that must be postmarked within 30 days of your acceptance of this Agreement. The letter must specify your first and last names, email, mailing address, and explain that you are opting out of the Living Pixels Agreement’s arbitration provision. The letter should be sent to: 530 Lytton Ave. 2nd Floor. Palo Alto CA, 94301. If you opt out of these arbitration provisions, then (i) Living Pixels will not be bound by them either, and (ii) you shall not be permitted to access or participate in the Games, and you hereby agree to refrain from accessing or participating in the Games.

If you register to create an account to receive payments via our application, you expressly authorize Living Pixels Studio LLC’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You must be at least 13 years old and obtain parental permission if under 18 to receive funds. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.

(a) Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Living Pixels because of this Agreement or your use of the Games. You shall not hold yourself out as a representative, agent, operator, distributor, or employee of Living Pixels and Living Pixels shall not be liable for any of your representations, acts, or omissions. You also agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

(b) Assignment. Living Pixels may assign its rights and obligations under this Agreement and/or the Living Pixels Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. Upon such assignment, Living Pixels may be relieved of any further obligation hereunder. You shall not assign or delegate any rights or obligations under this Agreement or the Living Pixels Privacy Policy without Living Pixels’ prior written consent, and any unauthorized assignment and delegation by Users is void and ineffective.

(c) Force Majeure. Living Pixels shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, pandemic, 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.

(d) Waiver/Severability. No failure or forbearance on Living Pixels’ part to exercise its rights or insist upon performance of obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.

(e) Entire Agreement. This Agreement (including any policies or rules incorporated herein by reference) constitutes the entire agreement between you and Living Pixels with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement or the Living Pixels Privacy Policy will be effective only if in writing and signed by Living Pixels.

(f) Notices. Living Pixels may notify you via postings in the Games, via e-mail and/or any other method of communication to the contact information you provide to us. All questions, complaints, or claims pertaining to the Games as well as any notices given by you pursuant to this Agreement or the Living Pixels Privacy Policy shall be in writing and directed to:

Last Modified: February 26, 2024