Terms and Conditions

1. Agreement to Terms

Welcome to PixelPlay! By accessing or using the PixelPlay social gaming platform, including its website, applications, and services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and NovaTech Entertainment ("PixelPlay," "we," "us," or "our"), located at3970 Rivermark Plaza, Santa Clara, CA 95054, USA. If you do not agree to these Terms, you are not permitted to use the Service. Your continued use of the Service constitutes your acceptance of these Terms and any modifications thereto.

These Terms may be updated or modified by us from time to time without prior notice. We will post any changes to these Terms on the Service, and the revised Terms will become effective immediately upon posting. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Service after the posting of revised Terms constitutes your agreement to be bound by the revised Terms. If you disagree with any changes, your sole remedy is to discontinue using the Service.

2. Use of Service

The Service is intended for users who are at least 13 years of age. By using the Service, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms. If you are under 18, you must have the consent of your parent or guardian to use the Service.

Subject to your compliance with these Terms, PixelPlay grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules, and regulations in your use of the Service.

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

You agree not to:

• Use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.
• Attempt to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service.
• Transmit any viruses, worms, malware, or other harmful code.
• Collect or harvest any information about other users of the Service.
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Engage in any conduct that violates these Terms or is otherwise objectionable.

3. User Content

The Service may allow you to create, post, share, or otherwise transmit content, including but not limited to text, images, videos, and other materials ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it.

By posting User Content on the Service, you grant PixelPlay a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize PixelPlay to use your User Content as described in these Terms.
• Your User Content does not infringe, misappropriate, or violate the rights of any third party, including without limitation copyright, trademark, privacy, publicity, or other personal or proprietary rights.
• Your User Content does not contain any defamatory, libelous, obscene, or otherwise unlawful material.

We have the right, but not the obligation, to monitor, review, and remove any User Content that we believe violates these Terms or is otherwise objectionable. We may also terminate or suspend your access to the Service if you violate these Terms.

4. Intellectual Property

The Service and its original content, features, and functionality are owned by NovaTech Entertainment and are protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without our express written permission.

PixelPlay grants you a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service.

The PixelPlay name and logo are trademarks of NovaTech Entertainment. You may not use our trademarks without our express written permission.

If you believe that your intellectual property rights have been infringed on the Service, please contact our designated copyright agent at copyright@pixe-l-play.com with the following information:

• A description of the copyrighted work or other intellectual property that you claim has been infringed.
• A description of the material that you claim is infringing and its location on the Service.
• Your contact information, including your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Your electronic or physical signature.

5. Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK.

WE ARE NOT RESPONSIBLE FOR ANY USER CONTENT OR OTHER CONTENT POSTED ON THE SERVICE. WE DO NOT ENDORSE OR APPROVE ANY USER CONTENT, AND WE DISCLAIM ALL LIABILITY FOR ANY USER CONTENT THAT IS DEFAMATORY, LIBELOUS, OBSCENE, OR OTHERWISE UNLAWFUL.

WE ARE NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, AND YOU AGREE TO RELEASE US FROM ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO SUCH INTERACTIONS.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXELPLAY OR NOVATECH ENTERTAINMENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in Santa Clara County, California, and you consent to the jurisdiction of such courts.