Terms of Service and End User License Agreement (EULA)

 

Effective date: 15.6.2016

The following terms of service and end user license agreement (“EULA”) constitutes the entire agreement between you as an End-User and PIXEL FEDERATION, s.r.o., a Slovak republic limited liability company, located at (having a seat at) St. Einsteinova 19, Bratislava, 851 01, Slovak republic and its affiliates (“PIXEL ”). This EULA governs your use of Software and Services (as specified below). Use of the PIXEL Service (as specified below) is also governed by PIXEL’s Privacy Policy, which is incorporated herein by reference - posted on the PIXEL portal site http://portal.pixelfederation.com. End-User is the individual using the PIXEL Services, contents of this term/definition of which is listed in “Definitions” of PIXEL’s Privacy Policy (in the text of EULA just “you” or „ End-User “).

For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by PIXEL including but not limited to games accessed by means of a browser or other online communication method and downloadable/installable games for personal computers, mobile and other devices, especially including but not limited to the PIXEL´s online or offline games - TrainStation, Diggy´s Adventure, Emporea 2: Realms of War & Magic, BIG Shopkeeper, Galactic Junk League, Seaport, Fable Clinic, Button Blast (each of them individually "GAME” or “App” or together “GAMES" or “Apps”) offered for example on the PIXEL portal site http://portal.pixelfederation.com ("PORTAL"). Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.

Services” means all services made available by PIXEL, including but not limited to PIXEL branded websites, services accessed through mobile games, services accessed by means of a browser or by other online communication method.

Software and Services are collectively referred to as “ PIXEL Service” or “PIXEL Services”.

The PIXEL Service is licensed, not sold. Your use of the PIXEL Service (as specified below) is subject to the terms and conditions seth forth in this EULA. Before accessing or using the PIXEL Service, including browsing any PIXEL website or accessing a GAME, you must agree to this EULA and the PIXEL’s Privacy Policy (i.e. you are obligated to conclude this EULA with PIXEL). You may also be required to register an account on the PIXEL Service (“Account”). By registering for an Account or otherwise using the PIXEL Service, you confirm and represent that you are age 18 or older and that you are acquainted with this EULA and that you understand and agree to this EULA. If you are age under 18, you confirm and represent that your legal guardian is acquainted with and understands this EULA and has agreed to this EULA. If you access the PIXEL Service from a Social Networking Site (“SNS”) - such as Facebook, or Google+, or from any application platforms such as Apple’s Appstore (iTunes), Google Play (Android), Steam and Windows Phonestore (“Application Platform”) you shall comply with its terms of service/use as well as this EULA [for purposes of this EULA Social Networking Site/SNS or Application Platform means the specific SNS or Application Platform and/or the operator of the specific SNS or Application Platform also]. By accepting this EULA, registering to, installing, using or otherwise accessing the PIXEL Services or any materials included in or with the PIXEL services, you confirm and declare that you have become prior acquainted with and you understand this EULA and that you accept and agree to the terms of this EULA and the PIXEL’s Privacy Policy, and therefore this EULA, i.e. every single Acquirement of license to every relevant GAME/PIXEL Service by the End-User, is considered to be concluded between PIXEL and the End-User at this moment. If you do not agree to this EULA (if you do not accept the terms of this EULA and the PIXEL’s Privacy Policy), please do not accept, register to, install, use or otherwise access the PIXEL Services. Use of the Pixel Services is void where prohibited.

For purposes of this EULA the PIXEL Service is considered as completely delivered to the End-User

a) at the moment of completion of downloading/installing the Software/PIXEL Service by the End-User to the specific device, or

b) at the moment of enable of access to the Software/PIXEL Service for the End-User by online communication method, or

c) at the moment of enable of use of the PIXEL Service by the End-User,

so for purposes of this EULA under “Complete delivery of the PIXEL Service to the End-User” is understood any of the moment listed in letter a), b) or c) of this section of this EULA.

This EULA is according to the relevant applicable law found as a distance contract, i.e. as a contract negotiated and concluded between the PIXEL (seller) and the End-User (consumer) exclusively by means of distance communication tool without the simultaneous physical presence of the seller and the consumer using the website, or more precisely as a contract for the provision of the electronical contents (GAME/App) which is not supplied on a tangible medium (a contract the subject of which is the provision of a particular service – PIXEL Service).

The consumer is in general according to the relevant applicable law entitled to withdraw from a distance contract or more precisely from a contract for the provision of the electronical contents which is not supplied on a tangible medium. The withdrawal period is in general 14 calendar days. The consumer is entitled to use this right to withdraw from a contract also without any reason prior to the expiration of the withdrawal period, i.e. within 14 calendar days from the date of conclusion of a contract for the provision of the electronical contents which is not supplied on a tangible medium, whereby the deadline for withdrawal shall be deemed observed if the notice of withdrawal has been sent to the seller no later than on the last date of the withdrawal period. As regards the procedure for exercising the right of withdrawal, the consumer may exercise the right of withdrawal towards the seller in paper form or in the form of minutes on another durable medium (e.g. electronically through the e-mail address, etc.) which contains any clearly worded statement of the consumer expressing his desire to withdraw from a contract.

In this case the consumer/End-User is not entitled to withdraw from a contract/from this EULA (inclusive In-app purchase within this EULA in event that the consumer/End-User will use of the possibility of In-app purchase).

According to the relevant applicable law, the consumer/End-User cannot/is not entitled to withdraw from a contract/from this EULA (inclusive In-app purchase within this EULA in event that the consumer/End-User will use of the possibility of In-app purchase) the subject of which is the provision of electronical contents (GAME/App or Gem package/Premium item) other way than on a tangible medium if the performance (provision of electronical contents) has commenced with the express consent of the consumer/End-User and the consumer/End-User declared that he was duly instructed that he loses his right of withdrawal by this express consent.

PIXEL hereby informs/instructs you as an End-User and you as an End-User acknowledge that you lose the right to withdraw from a contract/from this EULA by granting of consent to commence the provision of electronical contents under this EULA (by granting of consent to Complete delivery of the PIXEL Service to the End-User) prior to the expiration of the withdrawal period from a contract/from this EULA; (this information given by PIXEL/instruction of you as an End-User shall apply accordingly to In-app purchase within this EULA in event that you as an End-User will use of the possibility of In-app purchase).

You as an End-User hereby grant the express consent to commence the provision of electronical contents under this EULA (grant the express consent to Complete delivery of the PIXEL Service to the End-User) prior to the expiration of the withdrawal period from a contract/from this EULA and you as an End-User hereby simultaneously declare that you have been duly instructed about the loss of the right to withdraw from a contract/from this EULA by granting the express consent above; (this express consent of you as an End-User and this declaration of you as an End-User shall apply accordingly to In-app purchase within this EULA in event that you as an End-User will use of the possibility of In-app purchase).

This EULA represents the complete agreement concerning this license between the parties (you as an End-User and PIXEL) and supersedes all prior agreements and representations between them. PIXEL reserves the right, in regard of the change of relevant legal regulations, the change of market situation, the change of its business policy or at its own discretion, unilaterally to change, modify, cancel, add or remove parts of this EULA (or the EULA of any GAME) at any time without a prior notice by posting the updated/amended EULA including the day of its effectiveness (Effective date) on or within the PIXEL Services (including but not limited on PORTAL or in any of the GAMES), such changes will be valid and effective as of the moment of posting on or within the PIXEL Services. You (as an End-User) are responsible to be acquainted with the latest version of EULA. You will be deemed to have accepted such changes by continuing to use the PIXEL Services. If at any point you do not agree to any part of the then-current version of our (this) EULA or any other PIXEL policy, rules or codes of conduct relating to your use of the PIXEL Service, your license to use the PIXEL Service shall immediately terminate, and you must immediately stop using the PIXEL Service.

Scope of the license

PIXEL hereby grants to the legitimate acquirer of a license to PIXEL Services (you as an End-User) a usage right for the PIXEL Services. This license is personal. The PIXEL Services may be used only on the device that the End-User owns or controls and onto which the PIXEL Services were downloaded and installed or on the device that the End-User owns or controls and through which the End-User accesses or uses the PIXEL Services by means of a browser or by other online communication method.

The purpose of the PIXEL Services is to provide a game, while users are of course free to use the PIXEL Services (including but not limited to the PIXEL´s online or offline games - TrainStation, Diggy´s Adventure, Emporea 2: Realms of War & Magic, BIG Shopkeeper, Galactic Junk League, Seaport, Fable Clinc, Button Blast) for any purpose within the boundaries of the terms and conditions of this EULA and the aplicable law.

PIXEL grants to you as an End-User a limited, non-exclusive, non-transferable, revocable license to access the PIXEL Services for your (End-User’s) own personal, non-commercial entertainment use/purposes only. By accepting this EULA an End-User agrees not to use any of the PIXEL Services for any other purpose as mentioned herein. PIXEL reserves all rights not expressly granted to you as an End-User in this EULA. If you as an End-User violates any of the terms of this EULA, PIXEL reserves the right to terminate your (End-User’s) license without notice.

It is not permitted:

  • to decompile or reverse engineer the source code of the GAME/PIXEL Services, except to the extent permitted by mandatory law;

  • to supply copies of the GAME/PIXEL Services or any part of the GAME/PIXEL Services to third parties;

  • to sublicense the any of the GAME/PIXEL Services or to make the GAME/PIXEL Services available to third parties, by rental, Software-as-a-Service constructs or otherwise;

  • to modify the GAME/PIXEL Services, except to the extent permitted by mandatory law;

  • to remove or make unreadable notices of PIXEL as the copyright holder of the GAME/PIXEL Services.


The delivery or use of GAME/PIXEL Services does not transfer to you as an End-User any commercial or promotional use rights in the GAME/PIXEL Services. Any burning or exporting capabilities are solely an accommodation to you as an End-User and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners to any content embodied in any GAME/PIXEL Services.

In addition to the terms and conditions of this EULA, Application Platforms or SNS may set terms for the acquisition and use of the PIXEL Services (including but not limited to Usage Rules of the GAMES), making of In-app purchases and related matters. To find out more, see the terms of use and privacy statement of Application Platforms or SNS and other terms and conditions identified on the website of this third party.

Intellectual property

All rights to the GAMES/PIXEL Services, accompanying documentation and all modifications and extensions thereto rest and remain with PIXEL. You only acquire those rights and permissions that follow from this EULA or those that are granted separately in writing. You may not use, copy or publish the GAMES/PIXEL Services except as permitted.

All the content or material available in/from the GAMES/PIXEL Services including but not limited to any software, any games, titles, concepts, art elements, animations, video, images, music, sounds, themes, objects, characters including names and profile information, stories, communication, in-game chat transcripts, text, code, methods of operation, moral rights, documentation, recordings of games played using a PIXEL game client, the PIXEL game clients, game play mechanics and any marketing materials online or printed ("Content"), is/are the intellectual property owned by PIXEL. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by PIXEL. All Content is copyrighted under the Slovak Republic copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Reproduction, saving, collecting and/or sharing of the Content with third parties is considered copyright infringement and a violation of the legal regulations of the Slovak Republic and/or similar laws of other relevant jurisdictions. PIXEL, its logos, and the GAMES' logos are trademarks of PIXEL and may not be used without PIXEL's express written permission.

PIXEL and you as an End-User acknowledge that, in the event of any third party claim that the GAMES/PIXEL Services or the End-User’s possession and use of the GAMES/PIXEL Services infringes that third party’s intellectual property rights, PIXEL is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Code of Conduct

The use of the PIXEL Services is governed by certain rules stated in this EULA. The following rules are not meant to be exhaustive and PIXEL reserves the right to decide at its discretion whether the conduct of the End-User is in conflict with this EULA. If PIXEL decides that the conduct of the End-User is in conflict with the rules stated by this EULA, PIXEL is entitled to decide at its discretion about the disciplinary sanction including but not limited to (particularly but not exclusively) suspension, termination or deletion of your (End-User’s) Account.

It is not permitted:

  • to offend or insult other users of the PIXEL Services in the communication among other users of the PIXEL Services and on public forums;

  • to promote violence, fascism, racism or other ideologies or movements which suppress human rights and freedom in any form or are in conflict with the legal regulations of the Slovak Republic;

  • to transmit or post any Content or expression/statement which at PIXEL's sole and absolute discretion is deemed to be offensive, including but not limited to Content or expression/statement that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the Content and expression/statement restrictions listed above;

  • to decompile, modify, reverse, engineer, or otherwise reproduce any part of the GAMES/PIXEL Services;

  • to use cheats, automation software, hacks or any other unauthorized third-party software designed to modify any of the GAMES/PIXEL Services;

  • to use any unauthorized third-party software designed to intercept, mine, or otherwise collect information from or through any of the GAMES/PIXEL Services or PORTAL;

  • to obtain (or attempt to obtain) passwords or other private information from other users of the PIXEL Services;

  • to misuse support channels or to make false reports to PIXEL;

  • to exploit, distribute or inform other users of the PIXEL Services of any GAMES/PIXEL Services error or bug which gives an unintended advantage.

User Content

User Content” means any communications, images, sounds, and all the material, data, and information that you as an End-User upload (if the GAMES/PIXEL Services allows such a possibility) or transmit through a PIXEL game client or the PIXEL Service/s, or that other users of the PIXEL Services upload (if the GAMES/PIXEL Services allows such a possibility) or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the PIXEL Service, you as a End-User affirm, represent and warrant that such transmission or submission is:

  • accurate and not confidential;

  • not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal data or intellectual property is comprised in the User Content;

  • free of viruses, adware, spyware, worms or other malicious code;


and you acknowledge and agree that any of your personal data within such content will at all times be processed by PIXEL in accordance with its Privacy Policy.

PIXEL reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

PIXEL assumes no responsibility for the conduct of any End-Users of the PIXEL Services submitting any User Content, and assumes no responsibility for monitoring the PIXEL Services for inappropriate content (User Content) or conduct. PIXEL does not, and cannot, pre-screen or monitor all User Content. Your use of the PIXEL Services is at your own risk. By using the PIXEL Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the PIXEL Services. At PIXEL’s discretion, PIXEL’s representatives or technology may monitor and/or record your interaction with the PIXEL Services or communications including without limitation chat text when you are using the PIXEL Services. By accepting the terms of this EULA you as an End-User hereby provide your irrevocable consent to such monitoring and recording. You as an End-User acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time PIXEL chooses at its sole discretion to monitor the PIXEL Services, PIXEL nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. PIXEL has the right but not the obligation, at PIXEL’s sole discretion, to edit, refuse to post, or remove any User Content.

The PIXEL Services may include various forums, blogs and chat features where you as an End-User can post User Content, including your observations and comments on designated topics. PIXEL cannot guarantee that other users of the relevant PIXEL Services will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the PIXEL Services. PIXEL shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

You (as an End-User) are solely responsible for the information that you post on through or in connection with the PIXEL Services and that you provide to others. PIXEL may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that at own discretion of PIXEL violates this EULA.

You as an End-User hereby grant to PIXEL an irrevocable, permanent, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, to your User Content as well as all modified and derivative works thereof in connection with PIXEL’s provision of the PIXEL Services, including marketing and promotions of the PIXEL Services. You also hereby grant to PIXEL the right to authorize others to exercise any of the rights granted to PIXEL under this EULA. You further hereby grant to PIXEL the unconditional, irrevocable right to use and exploit any information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. PIXEL does not claim any ownership rights in your User Content and nothing in this EULA is intended to restrict any rights that you may have to use and exploit your User Content. PIXEL has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

You (as an End-User) are solely responsible for your interactions with other users of the PIXEL Services and any other parties with whom you interact through the PIXEL Services and/or PIXEL’s GAMES. PIXEL reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with PIXEL to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting PIXEL access to any password-protected parts of your Account and for this purpose you grant to PIXEL your consent to access the parts of your Account protected by password.

If you have a dispute with one or more users of the PIXEL Services, you release PIXEL (and PIXEL’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, according to the applicable law.

Acquirement of license

PIXEL grants to you as an End-User a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access the GAME/PIXEL Service for your (End-User’s) own personal, non-commercial entertainment use/purposes only – i.e. the usage right to the GAME/PIXEL Service or the right to use the GAME/PIXEL Service, in the Scope of license under this EULA at no charge (“Acquirement of license“)

Purchase within the GAME/Application/PIXEL service (i.e. „In-app purchase“)

In-app purchase is the one-time acquisition within the GAME/App/PIXEL service. To avoid any doubts you acknowledge and agree that In-app purchase is optional possibility within the GAME/App/PIXEL service for you as an End-User and therefore there is no obligation for you as an End-User to realize the In-app purchase; the GAME/App/PIXEL service is fully functional also without the execution of the In-app purchase. The App/GAME allows you to buy credit (“Gem”) and/or virtual object (“Premium item“) through the In-app purchase within the context of the App/GAME. You as an End-User hereby expressly confirm and declare that prior accepting this EULA, registering to, installing, using or otherwise accessing the PIXEL Services or any materials included in or with the PIXEL services, you have become acquainted with the fact that the execution of the In-app purchase in accordance with this EULA includes the obligation to pay a fee/purchase price for the In-app purchase – purchase price for the particular Gem package or purchase price for the particular Premium item. Credit/s or Gem/s can be used elsewhere in the App/GAME in which this Gem /s was/were purchased. Gem/s mean/s in-game currency and may have the purpose to extend the functionality of the App/GAME. You can buy the Gem/s through the In-app purchase in the form of different kinds of Gem packages which differs by number or value of individual Gems in the relevant Gem package offered in each indiviadual GAME, whereby the purchase price of the relevant Gem packages including the relevant value added tax and any other relevant applicable taxes related to this In-app purchase is specified in each individual GAME separately. Premium item means virtual object within the context of the GAME, which purpose is to extend the functionality of the GAME, which you can buy directly, i.e. withou using the Gems. You can buy specific Premium item through the In-app purchase in each indiviadual App/GAME in which it is offered, whereby the purchase price of specific Premium item including the relevant value added tax and any other relevant applicable taxes related to this In-app purchase is specified in each individual GAME separately. Whereas the costs and fees of third parties related to the execution of the In-app purchase cannot be determined in advance, the costs and fees of Application Platform, SNS or of the payment system operated by Application Platform, SNS or PORTAL including for example any of the underlying payment systems of credit card processors may be included/counted in the total amount of fee/purchase price for the In-app purchase (purchase price for the particular Gem package or purchase price for the particular Premium item).

You as an End-User are obliged to pay (and you agree with the payment of) the total amount of fee/purchase price for the In-app purchase (purchase price for the particular Gem package or purchase price for the particular Premium item) prior to the Complete delivery of the PIXEL Service purchased through an In-app purchase (Gem package/Premium item) to the End-User. Realization of such In-app purchase depends on the payment system operated by Application Platform, SNS or PORTAL, including the underlying payment systems from e.g. credit card processors; respective operated payment systems are specified in each individual GAME/PIXEL Serice separately. PIXEL is only required to effectuate an In-app purchase (to deliver/provide the usage right to the Gem package/Premium item or the right to use the Gem package/Premium item according to the conditions included in this EULA by means of In-app purchase to the End-User) when (without undue delay after) the relevant payment system has confirmed payment of the End-User for the In-app purchase, i.e. for the purchase of the Gem package/s or Premium item/s, in the whole/total amount of purchase price for the particular Gem package or purchase price for the particular Premium item. You as an End-User agree with sending of electronic invoice after the payment of the purchase price for the In-app purchase (purchase price for the particular Gem package or purchase price for the particular Premium item) is completed/made by the End-User to PIXEL. You as an End-User are not entitled to withdraw from the In-app purchase. According to the relevant applicable law, you as an End-User are not entitled to withdraw from the In-app purchase the subject of which is the provision of electronical contents (Gem package/Premium item) other way than on a tangible medium if the performance (provision of electronical contents) has commenced with the express consent of you as an End-User and you as an End-User declared that you was duly instructed that you lose your right of withdrawal by this express consent. In relation to In-app purchase, PIXEL hereby informs/instructs you as an End-User and you as an End-User acknowledge that you lose the right to withdraw from the In-app purchase by granting of consent to commence the provision of electronical contents based on the In-app purchase or by granting of consent to Complete delivery of the PIXEL Service purchased through an In-app purchase (Gem package/Premium item ) to the End-User prior to the expiration of the withdrawal period from the In-app purchase. You as an End-User hereby grant the express consent that the PIXEL Service purchased through an In-app purchase (Gem package/Premium item) is/was delivered to you completely prior to the expiration of the withdrawal period from the In-app purchase and you as an End-User hereby simultaneously declare that you have been duly instructed about the loss of the right to withdraw from the In-app purchase by granting the express consent above.

You as an End-User acknowledge and agree that the license to access the Gem/s or Gem package/s or Premium item/s (the usage right to the Gem/s or Gem package/s or Premium item/s) acquired through an In-app purchase is transferred/passes from PIXEL onto the End-User at the moment when the payment of the whole amount of the purchase price for a specific In-app purchase, i.e. a purchase price for the purchase of a specific Gem package /s or Premium item/s, is completed/made by the End-User to PIXEL and therefore unless the payment of the whole amount of the purchase price for a particular In-app purchase, i.e. for the purchase of specific Gem package/s or Premium item/s, is completed/made by the End-User to PIXEL, the End-User is not authorized to use/exploit Gem/s or Premium item/s within the GAME, otherwise is the End-User responsible to PIXEL for damages caused directly or indirectly resulting from unauthorized use/exploitation of Gem/s or Premium item/s. If you do not pay the relevant purchase price for the purchase of Gem/s or Gem package/s or for the purchase of Premium item/s, please do not use the free of charge acquired license to access the Gem/s or Gem package/s or Premium item/s (the usage right to the Gem/s or Gem package/s or Premium item/s) in the GAME/GAMES as it is prohibited. Use of Gem/s or Premium item/s in the GAME/GAMES is void where prohibited. If you as an End-User violates the obligation provided above in the first and the second sentence of this secton, i.e. the obligation not to use free of charge acquired license to access the Gem/s or Premium item/s (the usage right to the Gem/s or Gem package/s or Premium item/s) in the GAME/GAMES in case you have not paid the relevant purchase price for Gem/s or Gem package/s or for Premium item/s, PIXEL reserves the right to decide at its discretion about the disciplinary sanction including but not limited to the abolition/deletion of benefits (extension of the functionality of App/GAME) obtained/acquired in the GAME/App using the license to access the Gem/s or Gem package/s acquired illegally as it is mentioned above, or the abolition/deletion of license to access the Gem/s or Gem package/s or Premium item/s (the usage right to the Gem/s or Gem package/s or Premium item/s) acquired illegally as it is mentioned above, or the suspension, termination or deletion of your (End-User’s) Account without notice. The provisions of this section shall not apply to the use/exploitation of Gems or Premium items in the GAME/GAMES by the End-User in case that Gem package/s or Premium item/s was/were obtained by the End-User as a reward in the GAME.

To avoid any doubts you as an End-User acknowledge and agree that all In-app purchases, i.e. every single In-app purchase of every relevant Gem package or every relevant Premium item, are final and non-refundable with the exceptions provided in the following section of this EULA „Refund Policy of Gem package´s purchase price“, i.e. the refund of the purchase price paid for the In-app purchase by the End-User is not possible under this EULA, and therefore regardless of any circumstances PIXEL is not obliged to return to the End-User the purchase price paid for the In-app purchase.

To avoid any doubts you as an End-User acknowledge and agree to pay all duties – every single purchase price for the In-app purchase according to this EULA and associated tax if applicable (if the obligation to pay the relevant tax arises from the governing laws) incurred by you or anyone using an Account registered to you.

PIXEL may revise the amount of purchase price for every single In-app purchase offered through the GAMES/PIXEL Services at any time.

Refund Policy of Gem package´s purchase price

Irrespective of the cessation of the right to withdraw from the In-app purchase the purchase price of unused Gem package can be refunded to the End-User, however never for a higher amount than the original value of the Gem package (the value/purchase price of the Gem package which was paid by you as an End-User to PIXEL) . The amount purchase price of the Gem package to be refunded by PIXEL is paid in the same currency as originally used to acquire the license to access the Gem package.

PIXEL refunds the purchase price of the Gem package/s as stated in this EULA only if the following 2 (two) conditions are fullfiled:

  • the license to access the Gem package/s was purchased/paid in the GAMES offered on PORTAL;

  • PIXEL was notified by contacting the support center via e-mail at support@pixelfederation.com about the request for refund the purchase price of the Gem package within 30 days following the day when the payment of the purchase price for Gem package/s is paid by the End-User to PIXEL (i.e. not later than on the 30th day following the day of realization of such In-app purchase) ("Notification").

PIXEL refunds only the whole price of the Gem package/s and only if none of the Gems from Gem package/s was/were used for purchase of any items or features of the GAME.


PIXEL will make (effectuate) a payment of a refund to the End-User’s account under the observance of above mentioned conditions within 30 days after Notificaton.


PIXEL will not refund the value of the Gem package/s as stated in this EULA:

  • if an End-User intends to terminate using any of the GAMES and has a remaining amount of Gems on his/her Account; or

  • if any of the Gems from the Gem package has been used to buy the items or features of the GAME; or

  • if the 30 days period following the day when the Gem package/s was/were purchased by you as the End-User has expired; or

  • if the Gem/s or Gem package/s have been received as an in-game reward.


To avoid any doubts you acknowledge and agree that this section of EULA “Refund Policy of Gem package´s purchase price” does not apply to Premium item´s purchase price, i.e. the refund of the purchase price paid for the Premium item/s is not possible according to this EULA.


Personal data

The GAMES/PIXEL Services process your personal data. For more information consult the PIXEL’s Privacy Policy that can be found at http://portal.pixelfederation.com/en/privacy.

Updates

PIXEL periodically releases updates that may fix bugs or improve the functioning of the GAMES/PIXEL Services.

Available updates may be notified to you through notifications provided by Application Platforms, SNS or PORTAL, but it is your responsibility to monitor these notifications. Updates are applied similarly through these Application Platform, SNS or PORTAL, which requires an active internet connection.

Installing updates may require your separate consent. A proper application of updates requires the availability and good functioning of Application Platform and/or SNS, over which PIXEL has no control. PIXEL is not responsible or liable for an incorrect execution of updates. No liability exists for any damage as a result of bugs fixed in an update you did not install.

Support, reclamations, suggestions and complaints

You as an End-User are solely responsible for installing and activating the GAMES/PIXEL Services and the accompanying web service. It is your responsibility not to lose, destroy, or damage GAMES/PIXEL Services once downloaded/installed.

PIXEL service/GAME is fully functional inclusive all of its features and characteristics at the moment of Complete delivery of the PIXEL Service/GAME to you as an End-User pursuant to this EULA. PIXEL making its best effort to ensure full functionality of the PIXEL Service/GAME inclusive all of its features and characteristics and that the PIXEL Service/GAME is provided to the End-User in required scope and quality.

You as an End-User can verify compatibility or obtain information about the compatibility of electronical contents provided under this EULA with your hardware and software on the website http://portal.pixelfederation.com.

PIXEL is solely responsible for providing any maintenance and support services with respect to the GAMES/PIXEL Services as specified in this EULA or as required under applicable law. PIXEL shall offer a reasonable level of support through the website (PORTAL) and due to the special nature of the PIXEL Service/GAME provided pursuant to this EULA PIXEL recommends the End-User in case of problems, any questions, complaints or claims with respect to the GAMES/PIXEL Services or with respect to the application procedure and processing of reclamations, complaints and suggestions to contact customer support of PIXEL at the e-mail support@pixelfederation.com (or at/by other channels announced to you, as well as by calling PIXEL´s customer support telephone number: +421918532799, or in person/by mail at the address of PIXEL´s registered seat: St. Einsteinova 19, Bratislava, 851 01, Slovak republic). PIXEL however makes no guarantees that any problems or requests raised by you shall actually be addressed.

In case of breach of warranties specified in the following section of this EULA "Warranties and Limitation of Liability" the End-User is entitled to claim (i) the correction of defect/error of the PIXEL Service/GAME provided pursuant to this EULA duly and in due time at no charge and PIXEL is obliged to correct the defect/error without undue delay at no charge or (ii) the delivery of the PIXEL Service/GAME provided pursuant to this EULA without defect/error free.

You as an End-User can apply the right (file a claim) for defects liability by sending the email to the e-mail address: support@pixelfederation.com, by mail or in person directly at the address of PIXEL´s registered seat: Einsteinova 19, Bratislava, 851 01, Slovak Republic. PIXEL is obliged to settle the claim/reclamation within 30 days from the date of its application.

The conditions and procedures for handling reclamations shall apply accordingly to the End-User´s suggestions and complaints.

Warranties and Limitation of Liability

PIXEL declares that PIXEL Service/GAME provided pursuant to this EULA (i) is in principle inclusive of such features and characteristics as mentioned in particular PIXEL Service/GAME including updates and also inclusive of such features and characteristics which result from the purpose for which it is provided or for which it usually used to be provided (i.e. that it has no defects/errors that would impede the purpose of its use), (ii) is provided to the End-User in required scope and quality, (iii) is within the requirements of the relevant applicable law and has no legal defects.

An End-User is aware and agrees that use of the GAMES/PIXEL Services is at his/her sole risk. PIXEL does not hold legal responsibility over the End-User's Accounts , their loss or deletion. It is your (End-User´s) responsibility not to lose, destroy, or damage GAMES/PIXEL Services once downloaded/installed.

Due to the specific nature of the PIXEL Service/GAME provided pursuant to this EULA, PIXEL makes no warranty or declaration that the functions contained in the PIXEL Service/GAME provided pursuant to this EULA will satisfy the requirements of the End-User or that its operation will be uninterrupted or error free. PIXEL is not responsible for malfunctioning or inapplicability of the PIXEL Service/GAME provided pursuant to this EULA due to improper use or a combination of the impact of technical equipment, software or malicious programs.

Without limiting PIXEL’s liability stated in this section below, the GAMES/PIXEL Services are provided on an “AS IS” and “AS AVAILABLE” basis for your use, without warranties of any kind, expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade.

PIXEL and any of its contractors or licensors shall not be held liable for any incidental, indirect, special, consequential or any other damages arising out of or in any way related to the accessability, use or inability to use the GAMES/PIXEL Services at the times or locations of your choosing. PIXEL does not warrant that the PIXEL Services will be uninterrupted or error-free; that defects will be corrected; or that the GAME or the PIXEL Services are free of viruses or other harmful components.

PIXEL shall not be liable to you for any indirect, incidental, consequentional, special, punitive or other similar damages, including but not limited to loss of revenues, loss of profits, loss of data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to this EULA or the PIXEL Services itself, whether based on contract, tort or any other legal theory, and whether or not PIXEL has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that PIXEL may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of PIXEL’s liability shall be the minimum permitted under such applicable law. In particular, nothing in this EULA shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of PIXEL.

PIXEL shall not be liable (and you as an End-User agrees to that) to you as an End-User for specific damage for more than the amount you have paid to PIXEL in accordance with this EULA in the six (6) months immediately preceding the date on which you first assert a claim of compensation for this specific damage. You acknowledge and agree that if you have not paid anything to PIXEL during such time period, your sole remedy (and PIXEL’s exclusive liability) for any dispute with PIXEL is to stop using the PIXEL Services and to cancel your Account.

You agree to indemnify, defend and hold PIXEL harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the PIXEL Services, or any breach of this EULA by you, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

PIXEL will use its best efforts to investigate any reported bugs in GAMES/PIXEL Services as soon as is practical and to repair such bug or create a workaround (PIXEL may delay repairing bugs with limited impact until the next planned update); but nothing else.

In addition no liability exists if the cause of damage is beyond the control of PIXEL (force majeure).

The GAMES/PIXEL Services communicates via the internet with a server under control of PIXEL to provide the complete service. PIXEL uses its best efforts to have this server available at all times, but makes no guarantees in this regard. From time to time PIXEL can make updates to the server, which may lead to a temporary unavailability. PIXEL will do its best to inform you in advance about unavailability of the server. Everything in this document regarding updates, support and liability applies equally to the server.

You acknowledge that because some aspects of the GAMES/PIXEL Services and administration of the usage rules of the GAMES/PIXEL Services entails the ongoing involvement of PIXEL, if PIXEL changes any part of or discontinues the PIXEL Services, which PIXEL may do at its election, you may not be able to use GAMES/PIXEL Services to the same extent as prior to such change or discontinuation, PIXEL shall have no liability to you in such case.

In the event of any failure of the GAMES/PIXEL Services to conform to any applicable warranty (warranty mentioned above in this EULA /”Disclaimer of Warranties and Limitation of Liability”/ or warranty according to applicable law), the End-User may notify Application Platform and Application Platform will refund the purchase price for the App to that End-User.

No PIXEL´s liability exists for damages directly or indirectly resulting from incorrect functioning of Application Platforms and/or SNS.

Application Platform will have no other warranty obligation (except the warranty/liability mentioned above in this EULA) whatsoever with respect to the GAMES/PIXEL Services to the maximum extent permitted by applicable law, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty under the observance of terms of this section – “Disclaimer of Warranties and Limitation of Liability” stated in this EULA will be PIXEL´s sole responsibility.

Term of EULA

This EULA enters into force at the moment you start use of the Apps/GAMES/PIXEL Services (at the moment of acceptance of the terms of this EULA by you as an End-User by one of the several manners mentioned above), EULA is concluded for an indefinite period and remains in force until terminated.

End-User may terminate this EULA at any time by deleting his/her (End-User’s) Account. PIXEL may (reserves right to) terminate or suspend the End-User´ Account at any time for conduct which is deemed to be a violation or breach of the terms of this EULA at PIXEL's sole discretion. PIXEL reserves the right to terminate or suspend inactive Accounts without prior notice and PIXEL is not liable for any losses arising from such termination or suspension. If PIXEL terminates or suspends End-User´s Account, End-User will have no further access to his/her (End-User’s) Account or to anything associated to it. Termination of this EULA is without prejudice to a claim for damages resulting from breach of this EULA, to the provisions related to warranties/guarantees (limitation of warranties/guarantees) and to limitation of liability (limitation of damages) or to other provisions of this EULA which under the manifested will of the parties or by their/its nature should continue even after termination of the EULA.

PIXEL reserves the right to terminate operation of the GAME/PIXEL Service or any of the game servers at any time. In such case you as an End-User will be notified about such termination on the corresponding pages/the website of the GAME/PIXEL Service or of server at least 3 months before the termination. Even in this case you as an End-User are not entitled to claim any compensation or refund of Gems/Gem packages or money. The End-User who will conclude this EULA after such announcement about the termination of the operation of the GAME/PIXEL Service will be informed about the termination of the GAME/PIXEL Service immediately after conclusion of this EULA.

This EULA terminates automatically and immediately in case you (as an End-User) enter into bankruptcy, apply for a suspension of payments, your assets are seized, you pass away, or in case you enter into liquidation, legal dissolution or winding-up.

After termination of the EULA (regardless of reason) you must cease all use of Apps/GAMES/PIXEL Services. In addition you must remove all copies of Apps/GAMES/PIXEL Services from all computer systems or any other devices under your control.

Miscellaneous terms

Slovak law applies to this end-user license agreement, i.e. this EULA shall be governed by Slovak legal order.

Legal Compliance: The End-User by acceptance of the terms of this EULA by any of the several manners mentioned above represents and warrants that


  • he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and simultaneously

  • he/she is not listed on any U.S. Government list of prohibited or restricted parties.


Unless dictated otherwise by mandatory law, all disputes arising out of or in connection with this EULA between PIXEL and the End-User (including any disputes as to the validity and existence hereof and/or this clause, and the scope and termination hereof) shall be finally settled by the relevant Slovak court having jurisdiction.

Jurisdiction is determined by the general territorial jurisdiction over the legislation in force in the Slovak Republic. Parties, in accordance with Art. 23 Council Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, agreed that the courts of the Slovak Republic are competent for the settlement of all disputes arising from and in any connection with this EULA between PIXEL and you as the End-User or any other third party, whereby the competent court for the proceedings in the first instance is The District Court Bratislava I.

PIXEL shall not be prevented from taking proceedings relating to any dispute referred to in previous sentence in any other court of competent jurisdiction.


Dispute resolution through the system of alternative dispute resolution: You as the End-User with domicile or habitual residence in any of the European Union countries (“European consumer") are entitled to file the request for remedy through e-mail: support@pixelfederation.com (or other channels announced to you) if you are not satisfied with the process of your reclamation by PIXEL or you believe that PIXEL has violated your rights ("Remedy request"). European consumer has the right

  • to initiate an alternative dispute resolution procedure at alternative dispute resolution entity; or

  • to file an online complaint through the European ODR (online dispute resolution) platform (http://ec.europa.eu/consumers/odr/),

namely in case PIXEL denied your Remedy request or PIXEL failed to reply to your Remedy request within 30 days from the day of its dispatch. Ministry of Economy of the Slovak Republic publishes the list of alternative dispute resolution entities competent for above mentioned alternative dispute resolution procedure on website (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s). European consumer shall not be prevented from taking proceedings related to any dispute referred to above in the court of competent jurisdiction.


A finding that any particular provision of this EULA is legally void shall not affect the validity of the entire agreement (EULA). In such a case such provision shall be replaced by provision that is legally valid and approximates the intent of the offending provision as much as possible. If any provisions of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable (corresponding as closely as possible to the parties’ (their) intention and the originally desired economic effect of the ineffective or unenforceable provision) and the remaining provisions of this EULA shall not be affected, i.e. if any provision of this EULA is or becomes ineffective or unenforceable, the remaining provisions of this EULA shall remain in full force and effect.

Rights and obligations under this agreement (EULA) are transferred to any legal succesors of the PIXEL and on each further legal successors.

PIXEL may also transfer/assign its rights and obligations under this agreement (EULA) to a third party/entity that acquires the relevant business related to PIXEL Services or the copyrights to PIXEL Services from PIXEL, or to a third party/entity which acquires fifty per cent (50%) or more of the PIXEL’s participation interest, or to a third party/entity a fifty per cent (50%) or more of participation interest of which is owned by PIXEL, or to a third party/entity in which PIXEL possesses the power and authority to exercise through its ownership interests a controlling influence over the management or the business of this third party/entity, without any impact on the End-User´s ability to use the PIXEL Services continuously (i.e. that the Apps/GAMES provide its services continuously).

Third Party Beneficiary: PIXEL and you as an End-User acknowledge and agree that Application Platform and/or SNS and their/its subsidiaries, are third party beneficiaries of this EULA, and that upon the End-User’s acceptance of the terms and conditions of this EULA, Application Platform and/or SNS and their subsidiaries have the right (and deem/s to have accepted the right) to enforce the EULA against you as an End-User as the third party beneficiary thereof.



PIXEL hereby confirms that you as an End-User have granted the express consent to the commencement of providing the electronical contents according to this EULA (to the Complete delivery of the PIXEL Service/GAME incl. PIXEL Service purchased through an In-app purchase – Gem package/Premium item to the End-User) prior to the expiration of the withdrawal period from this EULA/In-app purchase within this EULA and simultaneously that you as an End-User declared that you have been duly instructed about the loss of the right to withdraw from this EULA/In-app purchase within this EULA by granting the express consent above.