Terms and Conditions
DATE OF LAST UPDATE: February 26, 2024
These Terms and Conditions form a binding legal agreement between you and us and apply to your use of any of our Games or our Platform in any way, through any electronic device (web, mobile, tablet or any other device).
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.
1. ACCEPTANCE OF TERMS
(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.
3. LICENSING TERMS
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”).
By accepting this license, you understand and agree that:
(i) Coins are licensed, not sold, to you. You have no ownership or other property interests, and will not acquire any ownership or property interests, in the Coins at any time
(ii) Coins have no actual cash value. Any value or amount associated with the Coins during gameplay must be used solely for gameplay.
(iii) You have read and understood in full our sweepstakes rules and guidelines.
(iv) We reserve the right to declare participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the paytable, win-table, minimum or maximum stakes, odds or software.
(v) If You are incorrectly awarded any Virtual Coins or prizes as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to operate in accordance with the rules of the relevant game, then we will not be liable to award You any such Virtual Coins or prizes and You agree that any such Virtual Coins or prizes that have been awarded in error to Your Customer Account will be voided.
(vi) We retain absolute discretion in the event of a discrepancy between the result showing on a user’s device and the server software. Such discretion includes the authority to recognize the result showing on the server software as the official and governing result.
(vii) Your license to have, receive, use, or redeem (as applicable) Coins is revocable by Living Pixels at any time for any reason.
(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
4. ELIGIBILITY AND PARTICIPATION
(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:
(i) You are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games offered on the Platform;
(ii) YOU DO NOT RESIDE IN OR ACCESS THE PLATFORM FROM THE EXCLUDED TERRITORIES
(iii) You participate in the Games strictly in your personal capacity for recreational and entertainment purposes only;
(iv) You participate in the Games on your own behalf and not on the behalf of any other person;
(v) All information that you provide to us during the term of validity of these Terms and Conditions is true, complete and correct, and you will immediately notify us of any change to such information;
(vi) Money that you use to purchase Gold Coins is not tainted with any illegality and, in particular, does not originate from any illegal activity or source, or from ill-gotten means;
(vii) You will not purchase Gold Coins from a business or corporate account, but only an account held in your name;
(viii) You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties' participation in any of the Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior;
(ix) In relation to the purchase of Gold Coins, you must only use a valid Payment Method which lawfully belongs to you; and
(x) You will not sell or trade for value, or seek to sell or trade for value, or accept as a sale or trade for value, any Merchandise provided to you by Living Pixels.
5. YOUR CUSTOMER ACCOUNT
You must create an account and register with Living Pixels (an “Customer Account”) to participate in the Games. You may only register an account in your own name; registration for persons other than yourself is not permitted. You are subject to the laws of the jurisdiction in which you reside and/or from which you access the Games. The Games may not be legal for some or all residents of, or persons present in, certain jurisdictions and in those jurisdictions, you are prohibited from installing, accessing, using, or interacting with any Games.
(a) Registration Information. To create a Customer Account, you will be required to select a unique username and a password (collectively, the “Identifiers”). Your username must not be offensive or deceive or misinform other users and may not offend common decency or infringe upon the rights of third parties. If Living Pixels receives information that a username is illegal or in breach of these terms, the username can be amended by Living Pixels without prior notice.
(b) Passwords. For security reasons, passwords must differ from usernames and may be changed whenever you deem necessary. Passwords should not be sequences of consecutive numbers (i.e., “2345678”) or letters (i.e., “ABCDEFG”). Your password should be kept secret and periodically changed. Living Pixels will not ask you to reveal your password or initiate contact with you asking for answers to your password security questions.
(c) Registration Data. You agree to provide true, accurate, current and complete information about yourself (the “Registration Data”) and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify your Registration Data by logging into your Customer Account and making such changes. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Living Pixels has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Living Pixels reserves the right to suspend or terminate your Customer Account immediately and refuse any and all current or future use of the Games (or any portion thereof).
(d) Social media. 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 a Customer Account for the first time will then prompt you to connect your Living Pixels and social media accounts. By creating a Customer 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.
(e) Identifiers Confidential. You agree to keep your Identifiers secure and confidential. You are solely responsible for all usage or activity on your Customer Account including, but not limited to, use of the Customer Account by any person who uses your Identifiers, with or without authorization, or who has access to any computer or device on which your Customer Account is accessible. If you are concerned that your Identifiers are no longer secure and confidential, you should immediately notify Living Pixels whereupon new Identifiers may be selected. Without limiting the foregoing, any transactions made and accepted within the Games where your Identifiers have been used (and where you have not previously notified Living Pixels as provided herein) will be treated as valid.
(f) Email Verification. You understand that you must verify your email in order to gain access to DingDingDing.com games and log in. After you create your Customer Account, you will have 60 minutes to verify your email. Failure to verify your email information will result in account suspension.
(g) Phone Number User Verification. You understand that you must provide a valid,
working phone number that belongs to you and is registered under your name in
order to create a Customer Account with DingDingDing.com.
In a case where you used a phone number that does not belong to you, your Customer Account will be suspended and coins earned or purchased, will be lost.
(h) Charge Backs. You agree and understand that filing a charge back against DingDingDing.com for a purchased transaction will result in Customer Account suspension.
(i) Financial Activity & Credit Card Purchases. You agree and understand that
DingDingDing.com monitors all financial activities and purchases made on our
You understand DingDingDing uses both manual reviews and software to monitor all purchases made in order to prevent fraud.
You understand that a use of a credit card or any payment form that does not belong to you and/or is registered to your name will result in Customer Account suspension!
(j) Identity Information. You UNDERSTAND that you MUST provide 100% true and accurate information when you create a Customer Account with DingDingDing.com. Your name, email, phone number, address and credit card information must be 100% true. Providing false information, or using someone else’s information will result in Customer Account suspension and loss of all game play.
(k) Complaints. Should You have a complaint in relation to the Service, You may contact us by selecting the “Contact Us” link on the Site and filling in the form. Customer complaints/claims of any nature must be submitted for consideration within three (30) days of the issue giving rise to the complaint.
To protect Your privacy, all communications between You and us should be carried out using or referencing the email address that You used to register Your Customer Account for the Service. Failure to do so may result in our response being delayed. The following information must be included in any written communication with us (including a complaint):
(i) Your user ID
(ii) Your first and last name, as registered on Your Customer Account
(iii) Detailed explanation of the complaint/claim.
(iv) Any specific dates and times associated with the complaint/claim (if applicable).
Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to Your complaint/claim in a timely manner. Upon receipt, we will endeavor to reply to Your communication within seventy-two (72) hours.
(l) One Customer Account Permitted. Only one (1) Customer Account is allowed per person. If Living Pixels determines that you have registered more than one (1) Customer 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 Customer Account(s) and refuse any and all current or future use of the Games. DO NOT CREATE A NEW CUSTOMER ACCOUNT IF YOU WISH TO CHANGE YOUR EMAIL, ADDRESS OR SURNAME.
(m) No Transfers
(i) Your Customer 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 Customer 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 Customer Account by any other person or third-party in connection with your Customer Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all Coins and tokens (as applicable) in their Customer Account. Living Pixels will not be liable for any loss that you may incur because of someone else using your Customer Account with or without your knowledge.
(ii) Coins are not transferable. You may not transfer Gold Coins or Sweepstakes Coins between Customer Accounts, or from your Customer Account to other Players, or to receive Gold Coins or Sweepstakes Coins from other Customer Accounts into your Customer Account, or to transfer, sell or acquire Customer Accounts. Any attempt to circumvent these prohibitions is ground for immediate closure of your Customer Account, without prejudice to any other rights or remedies available to us
(n) Right To Terminate; Inactive Accounts.
(i) You may cancel your Customer Account and terminate your ability to use the Games at any time by following the Customer Account cancellation instructions within the applicable Game(s).
(ii) Living Pixels may suspend or terminate Customer Accounts, confiscate any Coins in accordance with this Agreement and applicable law, and/or refuse any and all current or future use of the Games (and access to all related entitlements), without notice and for any reason whatsoever including, without limitation, for violations of this Agreement, illegal or improper use of an Customer Account, or illegal or improper use of the Games. Living Pixels also reserves the right to suspend or terminate Customer Accounts that have become an Inactive Account.
(iii) In the event that your Customer Account is terminated or cancelled, you will have no further access to your Customer Account or anything associated with it, including but not limited to any Coins stored in your Customer Account. Users can lose their username, persona, and Coins in the Games because of Customer Account termination or cancellation.
(iv) We reserve the right, at our sole discretion, to suspend or close your Customer Account (notwithstanding any other provision contained in these Terms and Conditions) where we have reason to believe that you have engaged or are likely to engage in any of the following activities:
(A) you breached, or assisted another party to breach, any provision of these Terms and Conditions or the Sweeps Rules, or we have a reasonable ground to suspect such breach;
(B) you have more than one Customer Account, including any Inactive Account, on any Platform;
(C) the name registered on your Customer Account does not match the name on (i) your Payment Method used to make purchases of Gold Coins or (ii) the account into which you elect to redeem Prizes or you do not legally and beneficially own such Payment Method or redemption account;
(D) your communication with us consists of harassment or offensive behavior, including (but not limited to) threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene or offensive language;
(E) your Customer Account is deemed to be an Inactive Account;
(F) you become bankrupt;
(G) you provide incorrect or misleading information;
(H) your identity or source of wealth or source of funds (if requested) cannot be verified;
(I) you attempt to use your Customer Account through a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location or place of residence, or by playing Games using the Platform through a third party or on behalf of a third party;
(J) you are not over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence;
(K) you are located in a jurisdiction: (1) where Participation is illegal; or (2) where you are ineligible to Participate in Promotional Play in accordance with the Sweeps Rules.
(L) you have allowed or permitted (whether intentionally or unintentionally) someone else to Participate using your Customer Account;
(M) you have played in tandem with other Player(s) as part of a club, group, etc., or played the Games in a coordinated manner with other Player(s) involving the same (or materially the same) selections;
(N) without limiting Section 5(h), where Living Pixels has received a "charge back", claim or dispute and/or a “return” notification via your Payment Method;
(O) you have failed our due diligence procedures, or are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity; or
(P) Living Pixels determines that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots) which give you an unfair advantage; or
(Q) you do not meet the criteria set out in our Customer Acceptance Policy.
(v) If Living Pixels suspends or closes your Customer Account for any of the reasons referred to in Section 5(n) above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by Living Pixels (together "Claims") arising therefrom and you will indemnify and hold Living Pixels harmless on demand for such Claims.
(vi) If we have reasonable grounds to believe that you have participated in any of the activities set out in this Section 5(n) then we reserve the right to withhold all or part of the balance or recover from your Customer Account any Prizes, Gold Coins or Sweepstakes Coins that are attributable to any of the activities contemplated in this Section 5(n). In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body or any other relevant external third parties.
(vii) The rights set out in this Section 5(n) are without prejudice to any other rights that we may have against you under these Terms and Conditions or otherwise.
(o) Security of Customer Accounts. It is your sole and exclusive responsibility to ensure that your Customer Account login details and any Payment Methods are kept secure and are only accessible by you. You accept full responsibility for any unauthorized use of your Customer Account and any activity linked to your Customer Account, including by a minor (which in all events is prohibited)
(i) You must not share your Customer Account or password with another person, let anyone else access or use your Customer Account or do any other thing that may jeopardize the security of your Customer Account.
(ii) If you become aware of, or reasonably suspect that security in your Customer Account has been compromised, including loss, theft or unauthorized disclosure of your password and Customer Account details, you must notify us immediately.
(iii) You are solely responsible for maintaining the confidentiality of your password and you will be held responsible for all uses of your Customer Account, including any purchases made under the Customer Account, whether those purchases were authorized by you or not.
(iv) You are solely responsible for anything that happens through your Customer Account, whether or not you undertook those actions. You acknowledge that your Customer Account may be terminated if someone else uses it and engages in any activity that breaches these Terms and Conditions or is otherwise illegal.
(v) We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active or passive.
(a) You acknowledge that Living Pixels Studio LLC is entitled to conduct any verification checks (including but not limited to credit background checks) that we may reasonably require and/or that are required of us under applicable laws and regulations or by relevant regulatory authorities. You agree to comply with all verification checks in a timely manner.
(b) You agree that we may restrict Your opening or use of a Customer Account pending any verification checks having been completed to our satisfaction.
(c) The documents required may include identification documentation (including photo identification) including but not limited to a government issued identification document such as a passport or driver’s license; a utility bill that matches the address registered on Your Customer Account; and source of wealth or source of funds documentation such as a pay slips or bank statement.
(d) In the event that any verification check cannot be completed because You have failed to provide any document, we requested from You in the form that we require within 30 days’ from the date the document was first requested, then we may, in our sole discretion, deactivate or otherwise restrict Your Customer Account.
(e) You acknowledge and agree that we may use third party service providers to run external identification, location verification and other verification checks based on the information provided by You from time to time. You must enable and allow “Locations Services” on Your device or PC in order to operate the Services or access Your Customer Account.
7. GAMES; GAMEPLAY
(a) Rules. Games offered on the Platform may have their own rules which are available on the Platform. It is your responsibility to read the rules of a Game before playing. You must familiarize yourself with the applicable terms of play and read the relevant rules before playing any Game.
(b) Gold Coin Purchases.
(i) The Payment Method you use to purchase Gold Coins must be legally and beneficially owned by you and in your name. If it comes to our attention that the name you registered on your Customer Account and the name linked to your Payment Method differ, your Customer Account will be immediately suspended. Should your Customer Account be suspended, we recommend that you contact Customer Support via this form for details regarding our verification process.
(ii) We reserve the right to request documents and information to verify the legal and beneficial ownership of the Payment Method you use to make Gold Coin purchases.
(iii) No Refunds. Purchases of Gold Coins are final and are not refundable, transferable or exchangeable. You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Customer Account (even if not authorized by you).
(c) Gold Coin and Sweepstakes Coins Balance
(i) You may Participate in any Game only if you have sufficient Gold Coins or Sweepstakes Coins (as applicable) in your Customer Account for such Participation. We will not extend you any credit whatsoever for the purchase of Gold Coins or otherwise.
(ii) From time to time, we may assign minimum or maximum Gold Coin purchases as specified and offered on the Platform.
(iii) Once a Gold Coin purchase has been made, the funds will be drawn from your Payment Method as soon as practicable.
(iv) The purchase of Gold Coins is the purchase of a license that allows you to Participate in Standard Play Games and is not the deposit of funds which can be withdrawn. Funds used to purchase Gold Coins will not, and cannot, be refunded to you, except as provided for in clause 6.6. Gold Coins do not have any real money value.
(v) Gold Coins or Sweepstakes Coins that have been submitted for play and accepted cannot be changed, withdrawn or cancelled and the Gold Coins or Sweepstakes Coins (whichever applicable) will be drawn from your Gold Coin or Sweepstake Coins balance instantly.
(vi) If you are found to have one or more of your purchases returned or reversed or charged back, your Customer Account will be suspended. If this occurs, the amount of such purchases will constitute a debt owed by you to us and you must immediately remit payment for such purchases through an alternative payment method. Until payment is received by us or our Payment Administration Agent, any purchases and winnings will be deemed void and requests to redeem Sweeps Coins for Prizes will not be allowed.
(vii) In accordance with the Sweeps Rules:
(A) unless we require otherwise in accordance with Section 7(c)(vii)(B), any Sweepstakes Coin allocated to you is only required to be played once before it is eligible to be redeemed as a Prize; and
(B) we may, in our sole discretion, require that any Sweepstakes Coins allocated to you be played a greater number of times (not exceeding 20) in any combination of Promotional Play Games before it is able to be redeemed as a Prize.
(d) Mistaken Additions. If at any time we mistakenly add Gold Coins or Sweepstakes Coins to your Customer Account that do not belong to you, whether due to a technical error, human error or otherwise, the Gold Coins or Sweepstakes Coins added by mistake will remain Living Pixels property and will be deducted from your Customer Account. If you become aware that you have mistakenly received a prize redemption that does not belong to you prior to us becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event you discover an incorrect addition of Gold Coins or Sweepstakes Coins, you are obliged to notify Customer Support by using the "Contact" link on the Platform without delay.
(e) Void Games. We reserve the right to declare Participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.
(f) Final Decision. In the event of a discrepancy between the result showing on a user’s device and the Living Pixels server software, the result showing on the Living Pixels server software will be the official and governing result.
(g) Games Do No Simulate Gambling. 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:
(i) You will need Coins to participate in or play the Games; however, you do not need to buy Coins or provide us with anything of value to participate in or play the Games. The Games will periodically award you with free Coins and/or provide you with opportunities to acquire additional Coins at no cost to you.
(ii) Purchases of Coins are nonrefundable once the Coins are placed into your Customer Account. To be clear: once you purchase Coins, your only choice is to use the Coins for gameplay. Unused Coins in Inactive Accounts will be forfeited.
(h) If you do not understand and agree with these “Gameplay” provisions then you should not access or use any of the Games.
(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.
9. REDEMPTION OF PRIZES
(a) Prize Redemption Methods. Subject to these Terms and Conditions:
(i) When you choose to redeem Prizes for gift cards, the gift cards will be allocated to the email address that you have registered against your Customer Account, or if this is not technically possible, then to an alternative email address you nominate, provided that email address is also your address and not that of a third party; and
(ii) When you choose to redeem Prizes for cash, the cash payment will be made to the Payment Method from which you purchased Gold Coins, or if this is not technically possible, then to an alternative financial account you nominate, provided that account is legally and beneficially owned by you. We reserve the right to require the use of the same payment method for redemption of Prizes as was used to purchase Gold Coins, or a specific payment method at our own discretion.
(b) Limits and Fees
(i) We reserve the right to charge fees for processing the redemption of Prizes to you and to set a minimum redemption threshold of 100 Sweepstakes Coins for Prize redemptions.
(ii) In New York and Florida, the maximum redemption value for a Prize won on any one spin or play is USD $5,000 and any Prize with a value in excess of USD $5,000 will be reduced to a maximum value of USD $5,000.
(iii) We reserve the right, in our sole discretion, to limit the value of Prize redemptions for each Participant to USD$10,000 per day.
(c) Your Responsibility for Prize Redemptions and Accuracy of Details
(i) When you choose to redeem Prizes for gift cards pursuant to Section 9(a), it is your sole responsibility to ensure that the email address and all relevant details you provide are accurate. If the details you have provided are not accurate, and we have processed the redemption using the details you have provided, the redemption of that Prize is complete and we are not required to reissue the gift cards.
(ii) If no valid email address is provided to us within 60 days of a request from us to do so, Living Pixels is not obliged to allocate the gift cards to you and may in its discretion deem the Prizes to be void.
(iii) When you choose to redeem Prizes for cash, it is your sole responsibility to ensure that your financial institution will accept payment from us into your bank account. Living Pixels has no obligation to check whether your financial institution will accept payments from us to your nominated bank account.
(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.
(i) Prizes redeemed for cash:
(A) will be paid into a joint account or joint wallet provided that one of the names on the joint account or joint wallet matches the name you provided when registering your Customer Account or your verified name and all verification checks we require in relation to you and the other account holder are completed to our satisfaction. For the avoidance of doubt, if either joint account holder does not satisfy our verification requirements, as determined solely at our discretion, we will not make payments into the nominated joint account;
(B) will not be paid into: (1) a joint account or joint wallet where one of the joint owners is a minor; or (2) custodial accounts; or (3) any account held on trust for, or for the benefit of, a third party (including a minor).
(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:
(i) you will be required to nominate an alternative bank account for the payment;
(ii) there will be delays in the processing of the payment to you; and
(iii) if you are unable to provide an alternative bank account which meets the requirements set out in these Terms and Conditions within 60 days of a request from us to do so, Living Pixels is not obliged to make the relevant payments to you and may in its discretion deem the Prizes to be void.
(i) All Gold Coin purchases and direct bank transfer payments are executed in USD. It is a Player's responsibility to ensure that their nominated bank account can accept transactions in USD.
(ii) All foreign exchange transaction fees, charges or related costs that you may incur as a result of, or in relation to, payments made by the Living Pixels to you are to be borne solely by you, including but not limited to any losses or additional costs arising from foreign exchange fluctuations.
(h) Timing and Frequency for Prize Redemptions
(i) We process requests to redeem Prizes in the order in which they are received. Our goal is to process your request as soon as practicable.
(ii) We will only process one Prize redemption request per Customer Account in any 24 hour period.
(iii) Where you choose to redeem Prizes for cash you acknowledge and agree that it may take up to 10 business days to process the relevant payment into your nominated bank account.
(iv) There may be delays in payments due to our identity verification process and certain Payment Methods will require additional verification at the time of redemption.
(v) Payments of over US$10,000 may require a longer processing time than usual due to bank clearance and security and fraud checks and may also be paid in more than one lump sum. This may add up to 7 days to the normal processing time but is dependent on the circumstances of each individual case.
(vi) Without limiting Section 9(b)(i), Players can request to redeem Prizes of any value, however we reserve the right to allocate or pay Prizes in smaller increments over a number of days until all of the Prize has been allocated or paid.
(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.
10. ADDITIONAL RESTRICTIONS
(a) You acknowledge and agree that you shall not:
(i) Copy the Games or any portion thereof, except as expressly permitted by law or by Living Pixels in writing;
(ii) Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Games;
(iii) Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Games or any part thereof;
(iv) Knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
(v) Engage in any form of cheating or collusion;
(vi) 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;
(vii) 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;
(viii) Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Games;
(ix) Use the Games in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling or to facilitate any type of illegal money transfer (including money laundering proceeds of crime);
(x) Participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share:
(A) special offers or packages emailed to a specific set of players and redeemable by URL; or
(B) identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading Living Pixels as to a Player's identity.
(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.
11. YOUR CONDUCT
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:
(i) Engage in any illegal activity, including gambling, or the planning of any illegal activity;
(ii) Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of Living Pixels or any third-party;
(iii) Threaten, harass, abuse, or otherwise intimidate any other Games user(s);
(iv) Send or cause to be generated any unwanted e-mail to any Games user(s);
(v) 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;
(vi) Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in the Games for any purpose;
(vii) Use any artificial means to alter your position, or any other person’s position, in the Games;
(viii) Improperly use the support or complaint features of the Games or make false reports to Living Pixels;
(ix) 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;
(x) Seek to or in any way assist others in obtaining Customer Account, password, or personal information from any Games user(s); or,
(xi) Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication.
Any use of the Games in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, immediate Customer Account suspension and/or termination, immediate, license revocation, prohibition from using the Games, and/or legal action.
12. INTELLECTUAL PROPERTY RIGHTS
(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.
13. THIRD PARTY WEBSITES, LINKS OR GAMES
(a) Third Party Websites. You acknowledge and agree that Living Pixels:
(i) is not responsible for Third Party Websites; and
(ii) makes no guarantee as to the content, functionality, or accuracy of any Third Party Website.
(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:
(i) indicate a relationship between Living Pixels and the third party; or
(ii) indicate any endorsement or sponsorship by Living Pixels of the Third Party Website, or the goods or services it provides, unless specifically indicated by Living Pixels.
(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:
(i) any comments or content that you post on such social networking sites are subject to the terms and conditions of that particular social networking site;
(ii) you will not post any comments that are false, misleading or deceptive or defamatory to us, our employees, agents, officers or other players; and
(iii) we are not responsible or liable for any comments or content that you or others post on social networking sites.
14. DISRUPTIONS AND CHANGE
(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).
(i) Living Pixels is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to Game play, nor attempts by you to Participate by methods, means or ways not intended by us.
(ii) Living Pixels accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Platform or its Content including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of a Platform or its Content or any errors or omissions in Content.
(iii) In the event of a Platform system malfunction all Game play on that Platform is void.
(iv) In the event a Game is started but fails to conclude because of a failure of the system, Living Pixels will use commercially reasonable efforts to reinstate the amount of Gold Coins or Sweepstakes Coins played (whichever applicable) in the Game to you by adding them it to your Customer Account. Living Pixels reserves the right to alter Player balances and account details to correct such mistakes.
(v) Living Pixels reserves the right to remove any part of the Games from the Platform at any time. Any part of the Games that indicate incorrect behavior affecting Prize redemption, game data, Gold Coin balances, Sweepstakes Coins balances or other balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Platform. Player balances and account details may be altered by Living Pixels in such cases in order to correct any mistake.
(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.
16. LIMITATIONS OF LIABILITY & WARRANTIES
(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.
17. SERVICE AND MAINTENANCE
(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.
18. PAYMENT PROCESSORS
19. LIVING PIXELS NOT A FINANCIAL INSTITUTION
(a) Interest. You will not receive any interest on outstanding Prizes and you will not treat Living Pixels as a financial institution.
20. CALIFORNIA CONSUMER NOTICE
As required by California Code Section 1789.3, this notice is to advise Users that (i) the Games are provided by Living Pixels Studio LLC, 530 Lytton Ave, 2nd Floor, Palo Alto, California 94301, Phone: 1- (800) 971-0734 and (ii) a fee may be charged for certain offerings, including, without limitation, in connection with the Games. Living Pixels reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the Games or desire further information on use of the Games, please contact 1-(800) 971-0734.
21. BINDING ARBITRATION, CLASS ACTION AND COLLECTIVE ARBITRATION WAIVER
(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.
22. 3RD PARTY FINANCIAL INSTITUTION CREDIT TRANSFER
(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.
(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.
Living Pixels Studio LLC
530 Lytton Ave
Palo Alto, California 94301
Email: [email protected]
Last Modified: February 26, 2024