Last Revised: July 10, 2024
These Terms of Use (“Terms”) constitute a legal agreement between you (“user,” “you”) and PIXADOCK Operating LLC and its affiliates (“PIXADOCK,” “we,” “us,” “our”). The Terms govern your access and use of all websites, applications, and other online products and services provided by us that link to these Terms, including https://djangosweeps.clavis.digital (and all related subdomains) (the “Site”) and PIXADOCK’s Django Sweeps mobile application (the “App”) and related online and offline services thereto, including any social casino offerings (“Social Games”), sweepstakes (“Sweepstakes”), and other services, transactions (including, but not limited to, the purchase of “Gold Coins” and “Sweeps Coins,” defined below), or engagement you might have with us (collectively, the “Services”).These Terms incorporate our Sweepstakes Official Rules and any additional terms, including, without limitation, rules and conditions of participation in particular games, sweepstakes or promotion terms or rules issued by PIXADOCK from time to time (each an “Other Governing Agreement”).
BY USING OR OTHERWISE ACCESSING THE SERVICES OR TAKING ANY ACTION TO ACCEPT OR AGREE TO THESE TERMS WHERE THE OPTION IS MADE AVAILABLE, YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”) AGREE TO BE BOUND BY THESE TERMS, THE SWEEPSTAKES OFFICIAL RULES, AND ANY OTHER GOVERNING AGREEMENT, AND ACKNOWLEDGE OUR PRIVACY POLICY.
Except for Section 21 providing for binding arbitration and a waiver of class action rights, PIXADOCK reserves the right, at its sole discretion, to modify or replace the Terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Any changes will be incorporated into the Terms, and you should check the Terms periodically for
updates. We will alert you about any changes by updating the “Last Revised” date of these
Terms. If we determine a revision to the Terms, in our sole discretion, is material, we will notify you as required by law. Changes will be effective immediately unless otherwise provided. Use of the Services by you following such modification constitutes your acceptance of the Terms as
modified.
By using or otherwise accessing the Services, you represent and warrant that:
You are fully able and competent to enter the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms;
You are a natural person of at least 18 years of age or the age of majority in your jurisdiction, whichever is higher;
You can form legally binding contracts under applicable law;
You are physically located in the United States in which no portion of your use of the Services is prohibited by applicable law;
You are not physically located in any of the following states: [];
You will always abide by these Terms, the Sweepstakes Official Rules, and any Other Governing Agreement between you and PIXADOCK regarding your use of the Services;
You are personally assigned to the email address and/or other information submitted in relation to your account;
The name on your bank account, credit card, and other payment and redemption information provided matches the name on your account;
You are not subject to backup withholding tax because: (i) you are exempt from backup withholding, or (ii) you have not been notified by the Internal Revenue Service (“IRS”) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified you that you are no longer subject to backup withholding.
You do not, by virtue of affiliation with PIXADOCK or a service provider, have access to the source code underlying the Services.
PIXADOCK may require you to provide proof that you are eligible to participate according to
this Section 3 prior to purchase of Game Coins (defined below), participation in Social Games or Sweepstakes, or redemption of prizes. For instance, PIXADOCK may require you to fill out an affidavit of eligibility or other verification information (as discussed in Sections 4 and 5 below).
Employees and former employees (less than 3 years since cessation of employment) of PIXADOCK, any of its respective affiliates, advertising agencies, or any other company or
individual involved with the design, production, execution, or distribution of the Services and their immediate family (spouse, parents, siblings and children, whether the relationship is by
birth, marriage or adoption) and household members (people who share the same residence at for least 3 months of the year) may only use the Services for the purpose of testing the user
experience, but may not redeem prizes or consideration in any form. PIXADOCK consultants or promoters of the Services may use the Services without such limitation, but only if (i) their
arrangement with PIXADOCK does not permit them to have any access to the source code
underlying the Services and (ii) they do not receive any other advantages in their participation in the Services.
If you do not meet the eligibility requirements of this Section, then you are not permitted to use the Services and you agree that you will not use the Services. If PIXADOCK otherwise
determines, in our sole discretion, that you do not meet or have otherwise violated the eligibility requirements of this Section, in addition to any rights that PIXADOCK may have in law or
equity, PIXADOCK reserves the right to terminate your account, withhold or revoke the
awarding of any prizes associated with your account or limit your ability to redeem or otherwise claim prizes and awards. In such a situation, PIXADOCK may pay out any withheld or revoked prizes to the other user(s) in the relevant Social Game or Sweepstakes in a manner consistent with the prize structure of the Social Game or Sweepstakes, to be determined by PIXADOCK in its sole discretion. PIXADOCK also reserves the right to withhold revoked prizes to use in
furtherance of its fraud prevention or anti-money laundering efforts.
In order to use the Services, you are required to register for an account. By registering for an account, you agree to: (i) provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”); (ii) maintain the security and
confidentiality of the Registration Data; (iii) promptly update the Registration Data to keep it accurate, current and complete; (iv) ensure that others do not use your account; and (v) notify PIXADOCK immediately in the event of unauthorized use of, or any other breach of your
Registration Data.
You may not use a username that promotes a commercial venture or a username that PIXADOCK in its sole discretion deems offensive. PIXADOCK may require you to change your username or may unilaterally change your username.
If you provide any Registration Data that is inaccurate, not current or incomplete, or PIXADOCK has reasonable grounds to suspect that such Registration Data is inaccurate, not current or incomplete, PIXADOCK may deny you access to areas requiring registration or terminate your account, at its sole discretion. You agree that PIXADOCK is not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account as
provided herein. PIXADOCK may assume that any communications PIXADOCK receives under your password have been made by you. You are fully responsible for all uses of your account,
whether by you or others. You acknowledge and agree that PIXADOCK is authorized to act on instructions received through use of your Registration Data, and that PIXADOCK may, but is not obligated to, deny access or block any transaction made through use of your Registration Data without prior notice if we believe in our sole discretion such information is being used by
someone other than you, or for any other reason.
You may establish, maintain, use, and control only one account on the Services. Each account on the Services may only be owned, maintained, used and controlled by only one individual. For
avoidance of doubt, users may not “co-own” accounts on the Services. In the event PIXADOCK determines that you have opened, maintained, used, or controlled more than one account, in
addition to any other rights that PIXADOCK may have, PIXADOCK reserves the right to
suspend or terminate any or all your accounts and terminate, withhold, or revoke the awarding of any prizes. In the event your account is terminated, suspended, or closed for any reason or
otherwise becomes inaccessible to you, no refunds will be issued for any purchases made from PIXADOCK.
You agree that your use of the Services is for the sole and specific purposes of recreation and entertainment only. You may not use the Services for other purposes (including professional or illegal gambling purposes) and may not use systematic methods to obtain Currencies (defined below), entries, or prizes. PIXADOCK shall be entitled to suspend, limit, or terminate your account if we determine, in our sole discretion, that you are utilizing the Services in a manner that does not comply with these Terms. In such circumstances, we may also report such activity to relevant authorities.
By providing an email address, you authorize PIXADOCK to provide you with important
announcements, relevant promotions, and other related communications relating to the Services, consistent with the PIXADOCK Privacy Policy. You may opt out of these communications at any time by following the instructions in our Privacy Policy.
PIXADOCK cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
PIXADOCK offers separate sets of Social Games and Sweepstakes, which leverage separate sets of currencies called Game Coins, Playable Sweeps Coins, and Redeemable Sweep Coins (each
described below) (collectively, “Currencies”).
You use a virtual currency referred to as “Game Coins” to enter Social Games and you receive Game Coins for winning. You receive Game Coins for free through the Services, but you may choose to purchase additional Game Coins. Game Coins cannot be redeemed for prizes of value, transferred to another player, sold, or otherwise converted into something of value.
Each Social Game is governed by specific rules, scoring rules, controls and guidelines for that offering as may be described in the Services and Other Governing Agreements that shall be made available through the Services. Such rules, scoring rules, controls, and guidelines form part of
these Terms, and you agree that you shall be subject to those rules, scoring rules, controls, guidelines, and Other Governing Agreements in effect at the time of entry.
To enter a Social Game, an eligible user must download the App or access the Site and follow the instructions and guidelines therein on how to enter.
We may offer Game Coins bonus offers to new users and for other marketing purposes. Any bonuses a user receives cannot be redeemed in value, except as set forth in this Section. In the event of abuse of the bonus system by any user, PIXADOCK reserves the right to retract your user bonus and suspend or terminate your account. In cases where you have participated in a promotion to receive a bonus or other benefit, you may be required to play through your
purchased Game Coins (by entering Social Games) whose total entry fees equal the value of the deposit to receive the entirety of such bonus.
PIXADOCK also offers Sweepstakes, which are governed by our Sweepstakes Official Rules and any Other Governing Agreement that we may issue. No purchase or payment is necessary to enter or win Sweepstakes, and a purchase or payment of any kind will not increase your chance
of winning. You may use a virtual currency referred to as “Playable Sweeps Coins” to enter Sweepstakes to win “Redeemable Sweep Coins.” You may obtain Playable Sweeps Coins for free via a variety of ways: once per day when you login to your account daily, submitting an
alternative method of entry, creating an account, referring new users, incidental to the purchase of Game Coins, or, occasionally, for free through the Services in certain contexts. PIXADOCK
reserves the right to set limitations on whether you are provided occasional free Playable Sweeps Coins, including based on your current Currency balances. Currently, if your current balance of Game Coins is below 10, you are eligible to receive occasional free Game Coins.
You earn Redeemable Sweep Coins when you win a Sweepstakes. Redeemable Sweep Coins can be redeemed for prizes of value or used to make purchases through Services, including the
purchase of Game Coins. Sweeps Coins and Redeemable Sweep Coins cannot be transferred to another player or sold.
REDEEMABLE SWEEP COINS CANNOT BE REDEEMED DIRECTLY FOR SWEEPS COINS OR USED TO ENTER SWEEPSTAKES DIRECTLY.
PIXADOCK offers various rewards through Rapid Rewards Programs, which are governed by the Sweepstakes Official Rules and Other Governing Documents as applicable. Rewards may be available in both Social Games and Sweepstakes. Not all games are eligible for additional
rewards or prizes. All decisions related to the Rapid Rewards Programs and its associated promotions will be decided by PIXADOCK in its sole discretion.
After each Social Game or Sweepstakes ends, a tentative winner is announced but remains subject to final verification. No substitution or transfer of a prize is permitted. All taxes
associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Social Game or Sweepstakes is
challenged by any legal authority, PIXADOCK reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the
determination of the winner of Social Games or Sweepstakes, PIXADOCK is the sole judge, and its actions are final and binding.
Winners are generally notified immediately following the conclusion of each Social Game or Sweepstakes. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to
comply with this requirement can result in disqualification. See Sweepstakes Official Rules and applicable Other Governing Agreements for full details.
Players may also win additional rewards or prizes through the Rapid Rewards Programs, such as Rapid Rewards Progressive Jackpots (“RRPJ”), as governed by the Sweepstakes Official Rules and Other Governing Documents, as applicable. Winners of RRPJ or other awards are generally notified immediately following the award of the jackpot or other reward. Any additional prize or reward granted through the Rapid Rewards Program is also subject to the same terms of the
winners of Social Games or Sweepstakes, as outlined in this Section 5.
By entering a Social Game or Sweepstakes, you consent to PIXADOCK’s and its service
providers’ and business partners’ use of your name, username, voice, likeness, image, location, age, photograph or video in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the relevant Social Game or Sweepstakes
and/or PIXADOCK’s future offerings and PIXADOCK generally, unless otherwise prohibited by law. PIXADOCK and its business partners reserve the right to make public statements about you, on-air, on the Internet, or otherwise, prior to, during, or following the Social Game or
Sweepstakes. You agree that PIXADOCK may announce your name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of PIXADOCK or other offerings operated by PIXADOCK. You agree that participation in and (where applicable) the winning of a prize in connection with a Social Game or Sweepstakes
constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Social Games or Sweepstakes may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
To register for an account, purchase Game Coins, obtain other Currencies, participate in Social Games or Sweepstakes, or redeem Redeemable Sweep Coins or any other prizes, you may be
required to provide us with information we request, which may include a valid mailing address, date of birth, government identifiers, and social security number, and any other information we may require in order to run appropriate identity checks and comply with applicable rules and
regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to purchase Game Coins and participate in Social Games and Sweepstakes, but understand that you may not be able to redeem Redeemable Sweep Coins or any other prizes from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and
withhold any Redeemable Sweep Coins and/or other prizes until such time as we have been able to successfully verify you.
We also may conduct checks for compliance with these Terms and Other Governing Agreements, including anti-fraud checks on playing patterns and purchases prior to processing a redemption of Redeemable Sweep Coins or any other prize, and we may request additional information
before permitting a redemption. Subject to such checks, you may close your account and redeem Redeemable Sweep Coins and any other prizes at any time and for any reason. PIXADOCK may limit the amount of Game Coins a user can purchase in its sole discretion and/or in accordance with potentially applicable state-imposed limits.
The Services may provide you the opportunity to make purchases from PIXADOCK, which are processed by our payment processing partner. Your purchases are also subject to the terms and
privacy policies of these third parties, as applicable, and you should ensure you understand them. We may limit the total amount of Game Coins that may be purchased at any one time, and/or limit the total amount of Currencies that may be held in your account in the aggregate. If you are found to have one or more of your purchases returned and/or reversed or charged back, we may suspend or terminate your account in our sole discretion.
The price of your purchase will be the price indicated on the order page. We may revise the
pricing for Game Coins and other goods or services offered through the Services at any time. All payments required by these Terms are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any
jurisdiction and the interest and penalties thereon, excluding taxes based on our net income
(collectively, “Taxes”). You shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the Services. Taxes shall not be deducted from the payments to PIXADOCK, except as required by law, in which case you shall increase the amount payable as necessary so that after making all required deductions and withholdings, PIXADOCK receives and retains (free from any Tax liability) an amount equal to the amount it would have received
had no such deductions or withholdings been made.
When your purchase is complete and payment is approved, we may send you a confirmation email with your order details. Please confirm that the order details in the confirmation message are correct and keep a copy for your records.
You can pay for your purchase with a major credit card or through other payment methods made available during the purchase process (“Payment Method”). Accepted Payment Methods may
vary based on your location. If your payment is unsuccessful by reason of insufficient funds,
expiration, or otherwise, you remain responsible for any uncollected amount. If you are found to have one or more of your purchases returned and/or reversed or charged back, your account will be suspended or terminated, in PIXADOCK’s sole discretion.
Except as otherwise stated herein or required by applicable law, all payments are final and non- refundable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a
refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
The purchase of Game Coins is the purchase of a product that allows you to participate in Social Games and is not a deposit of funds which can be withdrawn or otherwise refunded. Funds used to purchase Game Coins will not, and cannot, be refunded to you. Game Coins do not have any real money value.
Game Coins or Sweeps Coins that have been used to enter Social Games or Sweepstakes,
respectively, cannot be changed, withdrawn, or canceled, and the applicable Currency will be drawn from your account instantly upon use.
PIXADOCK will use its best efforts to honor eligible redemption requests with forty-eight (48) hours of the time of your redemption request submission.
We reserve the right to charge fees for processing the redemption of Prizes to you and to set a minimum redemption threshold of SC100 for Prize redemptions.
Your Responsibility for Prize Redemptions and Accuracy of Details. When you choose to redeem Prizes for gift cards, 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. If no valid email address is provided to us within 60 days of a request from us to do so, Pixadock is not obliged to allocate the gift cards to you and may in its discretion deem the Prizes to be void. 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. Pixadock has no obligation to check whether your financial institution will accept payments from us to your nominated bank account. 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.
(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: (i) a joint account or joint wallet where one of the joint owners is a minor; or (ii) custodial accounts; or (iii) any account held on trust for, or for the benefit of, a third party (including a minor).
Where 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, where 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.
You acknowledge and agree that, if your financial institution will not accept payments from Pixadock or where your bank account or online wallet does not meet the requirements in these Terms and Conditions: (a) you will be required to nominate an alternative bank account for the payment; (b) there will be delays in the processing of the payment to you; and (c) if you are unable to nominate 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, Pixadock is not obliged to make the relevant payments to you and may in its discretion deem the Prizes to be void.
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. 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 Pixadock to you are to be borne solely by you, including but not limited to any losses or additional costs arising from foreign exchange fluctuations.
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. We will only process three Prize redemption requests per Customer Account in any 24 hour period. When 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. There may be delays in payments due to our identity verification process and certain Payment Mediums will require additional verification at the time of redemption. Payments of over US$5,000 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. you can request to redeem a Prize of any value; however, we reserve the right to: (a) reject a Prize redemption request on the basis that it exceeds the limits or (b) allocate or pay Prizes in smaller increments over a number of days until all of the Prize has been allocated or paid
You acknowledge and agree that we may in our sole discretion, from time to time, appoint one or more Payment Administration Agents to accept or make payments (including merchant facilities) from or to Players on our behalf. 8.21. A Payment Administration Agent will have the same rights, powers and privileges that we have under these Terms and Conditions and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event will we be liable to any Player for any loss, damage or liability resulting from the Payment Administration Agent’s negligence or acts beyond the authority given by Pixadock.
YSweeps Coins are only valid for 60 days from the date you last logged on to your Customer Account and will thereafter automatically expire. Sweeps Coins may be forfeited if a Customer Account is closed for any reason, or at our discretion.
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.
If you choose to redeem Prizes for cash but refuse to accept payments made to your nominated bank account by Pixadock, you must refuse the amount in its entirety. Where you refuse to accept payment to your nominated bank account more than twice in any 3 month period, Pixadock 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.
If at any time we mistakenly add Gold Coins or Sweeps 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 Sweeps Coins added by mistake will remain Pixadock 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 Sweeps Coins, you are obliged to notify Customer Support by using the “Contact” link on the Platform without delay.
You agree that we are entitled to conduct any identification, credit and other verification checks that we may reasonably require or that are required of us under applicable laws and regulations or by relevant regulatory authorities or to otherwise prevent financial crime. Until all required verification checks are completed to our satisfaction: (a) any request you have made for redemption of Prizes will remain pending; and (b) we are entitled to restrict your Customer Account in any manner that we may reasonably deem appropriate, including by suspending or closing your Customer Account. We will carry out additional verification procedures in accordance with our internal anti-financial crime policies, including without limitation for any cumulative or single redemption of Prizes exceeding a value of USD$2,000 (or any USD amount that is equivalent to or greater than €2,000 from time to time). Verification procedures may, for example, include requests for, and our examination of, copies of your: (a) identification documentation (including photo identification) such as a passport; (b) proof of your address such as a utility bill; and (c) source of wealth or source of funds documentation such as a payslip or bank statement. Where any identification, credit or other verification check we require cannot be completed to our satisfaction because you have not provided any document we request from you in the form that we require within 30 days’ of the date the document was first requested, then we are under no obligation to continue with the verification check and we may, in our sole discretion, close or otherwise restrict your Customer Account in any manner that we may reasonably deem appropriate. Players who request the redemption of Prizes held in a suspended or closed Customer Account should contact Customer Support. Nothing in this provision should be construed as conveying a right to any such redemption. Your rights in that regard are as set out elsewhere in these Terms and Conditions.
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.
You agree that Pixadock may use third party service providers to run external identification and other verification checks on all Customers on the basis of the information provided by you from time to time.
Pixadock actively supports responsible social gameplay and encourages its Players to make use of a variety of responsible social gameplay features. You may, at any time, request to take a break, self-exclude or permanently close your Customer Account. You may also set a limit on your purchases of Gold Coins, the amount of Sweeps Coins you play or the time you spend logged into your Customer Account. We refer you to our Responsible Social Gameplay Policy for full details. Pixadock is committed to providing excellent customer service. As part of that pledge, Pixadock is committed to supporting responsible social gameplay. Although Pixadock will use all reasonable endeavours to enforce its responsible social gameplay policies, Pixadock does not accept any responsibility or liability if you nevertheless continue gameplay and/or seek to use the Platform with the intention of deliberately avoiding the relevant measures in place and/or Pixadock is unable to enforce its measures/policies for reasons outside of Pixadock’s reasonable control.
You will not, directly or indirectly: (a) hack into any part of the Games or Platform through password mining, phishing, or any other means; (b) attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform; (c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material; (d) circumvent the structure, presentation or navigational function of any Game so as to obtain information that Pixadock has chosen not to make publicly available on the Platform; (e) engage in any form of cheating or collusion; (f) use the Platform and the systems of Pixadock to facilitate any type of illegal money transfer (including money laundering proceeds of crime); or (g) participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organisations, agreements, or groups designed to share: (i) special offers or packages emailed to a specific set of players and redeemable by URL; or (ii) identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading Pixadock as to a Player’s identity. 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. If Pixadock 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, Pixadock is under no obligation to reverse any Gold Coin purchases you have made or to redeem any Sweeps Coins or Prizes that may be in your Customer Account. In addition, Pixadock 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 Pixadock investigation into such activity. If you suspect any unlawful or fraudulent activity or prohibited transaction by another Player, please notify us immediately
PIXADOCK RESERVES THE RIGHT TO SET A MINIMUM THRESHOLD FOR
REDEMPTION. CURRENTLY, THE MINIMUM THRESHOLD FOR REDEMPTION FOR CASH IS HUNDRED (100) REDEEMABLE SWEEP COINS. YOU MAY NOT REDEEM ‘REDEEMABLE SWEEP COINS’ BELOW THAT MINIMUM THRESHOLD FOR CASH.
THERE IS A MINIMUM THRESHOLD OF FIFTY (50) REDEEMABLE SWEEPS COINS FOR REDEMPTION FOR GIFT CARDS.
PIXADOCK RESERVES THE RIGHT TO LIMIT THE NUMBER OF REDEEMABLE SWEEP COINS YOU CAN REDEEM PER DAY AND THE NUMBER OF TIMES YOU CAN INITIATE A REDEEMABLE SWEEP COINS REDEMPTION PER DAY.
CURRENTLY, YOU MAY ONLY REQUEST A REDEMPTION FOR UP TO FIVE THOUSAND (5,000) REDEEMABLE SWEEP COINS IN A SINGLE CALENDAR DAY.
CURRENTLY, YOU MAY ONLY INITIATE THREE (3) REDEEMABLE SC REDEMPTION REQUEST IN A SINGLE CALENDAR DAY.
PIXADOCK RESERVES THE RIGHT TO EXPIRE ACCOUNTS AND ALL CURRENCIES ASSOCIATED WITH AN ACCOUNT FOR INACTIVITY. CURRENTLY, IF YOUR PIXADOCK ACCOUNT HAS NO ACTIVITY (INCLUDING FAILING TO LOGIN OR OTHERWISE ACCESS THE SITE OR APPS IN DIRECT ASSOCIATION WITH YOUR ACCOUNT) FOR SIX (6) CONSECUTIVE MONTHS, YOUR ACCOUNT WILL AUTOMATICALLY BE DEEMED “INACTIVE.” ONCE YOUR ACCOUNT BECOMES “INACTIVE,” WE WILL AUTOMATICALLY TERMINATE YOUR ACCOUNT AND YOU WILL FORFEIT ALL CURRENCIES ASSOCIATED WITH YOUR ACCOUNT. WE WILL NOT OFFER A REFUND TO YOU FOR ANY PURCHASED GAME COINS OR OTHERWISE PROVIDE YOU WITH ANYTHING OF VALUE FOR CURRENCIES.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Currencies in connection with the Services, you have no right or title in or to any such
Currencies appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. PIXADOCK has the absolute right to manage,
regulate, control, modify and/or eliminate such Currencies as it sees fit in its sole discretion, and PIXADOCK shall have no liability to you or anyone for the exercise of such rights. In addition to the foregoing, PIXADOCK may selectively remove or revoke Currencies associated with your account or modify the rates of exchange for any such Currencies.
You are only allowed to obtain Currencies from us or our authorized partners through the Services, and not in any other way.
You agree that Currencies have no direct monetary value. Certain Currencies may be
exchangeable for real money, real goods, or real services through the Services based on then-
available features and rates. Game Coins and Sweeps Coins are not exchangeable for real money, real goods, or real services from us or others. Currencies are non-transferrable and may not be
resold. Any balance of Currencies does not reflect any stored value. The use of Currencies within the Services may be limited as described in these Terms and the Sweepstakes Official Rules. We reserve the right to control, regulate, change, remove, expire, limit, or modify any Currencies at any time without any liability to you. If your account is canceled for any or no reason, you may
forfeit any pending, current, or future Currencies and any other forms of unredeemed value in or associated with your account without prior notice to you.
The sale or transfer of Currencies or accounts is strictly prohibited. Any attempt to do so is in
violation of these Terms and may result in termination of the account(s) involved, lifetime bans, and possible legal action.
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to PIXADOCK. These details will be used to allow PIXADOCK to comply with tax regulations and may be shared with appropriate tax authorities. You, not PIXADOCK, are responsible for filing and paying applicable state and federal taxes,
duties, levies and/or fees on any winnings. PIXADOCK does not provide tax advice, nor should any statements in this agreement or on the Services be construed as tax advice.
PIXADOCK, in its sole discretion, may disqualify you from the Services, including any Social Game or Sweepstakes, refuse to award Currencies or prizes and require the return of any
Currencies or prizes, or suspend, limit, or terminate your account if you engage in conduct PIXADOCK deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Services or in any way detrimental to other users, including but not limited to:
falsifying personal information, including payment information, required to use the Services or obtain Currencies or prizes;
using IP proxying or other methods to disguise your location or the place of your residence to circumvent geographical restrictions on eligibility;
violating eligible payment method terms;
cheating, colluding with any other individual(s), or engaging in any type of syndicate play;
accumulating Currencies or prizes through unauthorized methods, such as unauthorized scripts, systematic methods, or other automated means, or through non-recreational or professional behavior;
allowing other individuals to access your account;
creating or operating multiple user accounts or logging into a user account from multiple devices simultaneously, accessing an account from more than five different devices over the history of your account, accessing multiple accounts from the same device;
participating in Social Games or Sweepstakes for which you are not eligible, whether by multi-accounting, providing misleading information, masking or altering your IP address, or other means;
participating in or taking advantage of, or encouraging others to participate in or take
advantage of schemes, including those designed to share offers, register accounts, or enter into Social Games or Sweepstakes;
abusing any bonus system;
posting or transmitting, or causing to be posted or transmitted, any content that is
infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
tampering with the administration of the Services or trying to in any way tamper with the computer programs associated with the Service;
bypassing, circumventing, or attempting to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
obtaining other users’ information or otherwise spamming other users;
impersonating any person or entity, including any of our employees, representatives, or users;
abusing the Services in any way or otherwise violating these Terms, Other Governing Agreement, or any other agreement between you and PIXADOCK regarding your use of the Services; or
taking any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’)
infrastructure;
attempting to access, probe, interfere with, or connect to the Services and/or any computer without authorization (i.e., any form of “hacking”);
using any robot, spider, scraper, or other automated means to access, harvest, or scrape the Services for any purpose without our prior written permission;
framing, inline linking, or similarly displaying the Services or any portion of the Services;
transmitting any viruses or other computer code, files, programs, instructions and/or other content or feature that disrupt, damage, or interfere with computers or related systems;
sublicensing, selling, reselling, transferring, assigning, distributing, or otherwise
commercially exploiting or making available to any third party the Services, Currencies, or your account in any way;
interfering with or disrupting the integrity or performance of the Services;
demonstrating disrespectful, threatening, offensive, and/or malicious behavior when communicating with PIXADOCK customer support and/or other employees; and/or
advocating, encouraging, or assisting any third party in doing any of the foregoing.
For further details regarding the impact of termination of your account, please review Section 9.
You acknowledge and agree that PIXADOCK may in its sole discretion remove any User
Content (defined below), block access to the Services or the content therein, and suspend or terminate any account at any time for any reason or no reason. To report abuse of the Terms, please contact us at info@pixadock.com
You acknowledge that the forfeiture and/or return of any Currencies or prizes by you in
connection with a violation of these Terms shall in no way prevent PIXADOCK from informing the relevant authorities and/or pursuing criminal or civil proceedings in connection with such
conduct.
If for any reason the Services are not running as originally planned (e.g., if the Services become corrupted or do not allow the proper usage and processing in accordance with the applicable
rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of PIXADOCK corrupts or affects the administration, security, fairness, integrity or proper conduct of the Services), PIXADOCK reserves the right, in its sole discretion, to cancel, terminate,
extend, modify, or suspend Services, including any Social Game or Sweepstakes, and/or select the winner(s) based on its then-current status. In addition, PIXADOCK may, in its sole
discretion, disqualify any individual implicated in or relating to the cause.
PIXADOCK reserves the right to cancel, terminate, modify, or suspend Social Games or Sweepstakes, Social Games and Sweepstakes, in our sole discretion, without any restrictions, in which case notification may be posted through the Services.
The failure of PIXADOCK to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of PIXADOCK (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
You must provide, at your own expense, the equipment, software, subscriptions, Internet
connections or devices and/or service plans as may be required to access and/or use the Services. PIXADOCK does not guarantee that the Services or all portion(s) thereof can be accessed on all devices. PIXADOCK does not guarantee that the Services are available in all geographic
locations. You acknowledge that when you use the Services, your Internet provider or service
provider may charge you fees for access, data, and/or other contents, products, or services. Check with your applicable provider(s) to see if there are any such fees that apply to you.
PIXADOCK reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services or associated services (or any part thereof), with or
without notice. You agree that PIXADOCK shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or associated services.
We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation
regarding the availability of our Services and reserve the right to modify or discontinue the
Services in our sole discretion without notice, including for example, ceasing a Social Game or other Services for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us
at info@pixadock.com via an email expressly stating that you wish to terminate your account.
IF YOUR ACCOUNT IS TERMINATED, YOU WILL LOSE ACCESS TO ALL CURRENCIES ASSOCIATED WITH YOUR ACCOUNT. WE WILL NOT OFFER A REFUND TO YOU FOR ANY PURCHASED GAME COINS OR OTHERWISE PROVIDE YOU WITH ANYTHING OF VALUE FOR CURRENCIES
All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, Section 4 (Conditions of Participation); Section 5 (Social Games, Sweepstakes, and Currencies); Section 6 (Purchases, Redemptions, and Taxes); Section 7 (Conduct, Disqualification, and Cancellation); Section 9 (Termination); Section 10 (User Content); Section 11 (Prohibited Uses); Section 13 (Limited License Grant), Section 17
(Indemnification and Release), Section 18 (Warranty Disclaimers), Section 19 (Limitations on Liability), Section 20 (Our Proprietary Rights), Section 21 (Class Action Waiver, Binding
Arbitration), and Section 23 (General).
The Services may enable you to submit, post, upload, or otherwise make available through the Services content such as profile information, communications with other users, whether privately or made publicly available, public messages, ideas, comments, and other content (collectively, “User Content”) that may or may not be viewable by other users.
You acknowledge and agree that all User Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from whom the User Content originated. This means that you, not PIXADOCK, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User
Content without violation of any third-party rights. Under no circumstances will PIXADOCK be liable in any way for any User Content.
You acknowledge that PIXADOCK may or may not pre-screen User Content, but that PIXADOCK and its designees have the right (but not the obligation) in their sole discretion to
pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, PIXADOCK and its designees shall have the
right to remove any User Content that violates these Terms or is otherwise objectionable in PIXADOCK’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You
further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content, you submit or otherwise make available on or to the Service, you grant PIXADOCK an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non- exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User
Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. PIXADOCK reserves the right, but has no obligation, to monitor disputes between you and other users.
Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:
Infringe on, remove, or alter any copyright, trademark, patent, trade secret, right of
publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy in Section 7);
Post, utilize, or otherwise make available any other party’s intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other
proprietary notice contained on the Services;
Collect, post, or store personal information of others without their consent.
Post User Content or engage in any action that is objectionable, obscene, profane, or
vulgar, harassing, bullying, discriminatory, glorifies or promotes violent or self-harm, or violates another person’s privacy;
Use the Services commercially, for benchmarking, or to compile information for a product or service;
Copy, download (other than through page caching necessary for personal use, or as
otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, create
derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as permitted in these Terms or with the prior written consent of PIXADOCK;
Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of the Services through a browser or accessing the Services through any API approved by PIXADOCK;
Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
Attempt to probe, scan or test the vulnerability of any PIXADOCK system or network or breach any security or authentication measures;
Post material that advocates illegal activity or discusses illegal activities with the intent to commit them;
Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is
designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time
bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
Post or do anything that could disable, overburden, or impair the proper working of the Services;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or content;
Post material that impedes or otherwise prohibits communication or disrupts user discussion;
Post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary
relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-
disclosure agreements;
Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
Use another person’s account without authorization;
Solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
Send spam or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Services;
Frame, inline link, or similarly display the Services or any portion of the Services;
Interfere with any other party’s use and enjoyment of the Services; or
Violate any applicable law or regulation.
PIXADOCK and its affiliates are not a financial institution, and you will not treat PIXADOCK as a financial institution. You will not receive any interest on outstanding prizes, loyalty points, Currencies, or other consideration. PIXADOCK does not provide tax advice, nor should any statement by PIXADOCK be construed as tax advice. You are strictly prohibited from utilizing the Services to facilitate arbitrage through currency exchange transactions, and a violation of this prohibition may result in any gains being forfeited and deducted from your balance without
warning or notification.
Through your access, use, downloading, and/or installation of the Services, you are acquiring and PIXADOCK grants you a personal, limited, non-exclusive, non-transferable license to install, use and access the Services for your non-commercial use as set forth in this license
(“License”). Your acquired rights are subject to your compliance with this License. Any
commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Services or any rights to use the Services (including, without limitation, your Registration Data and/or any other similar information). The term of your License shall commence on the date that you install or otherwise access or use the Services, and shall end on the earlier of the date that you dispose of the Services, or PIXADOCK’s
termination of this License.
Except as expressly licensed to you herein, PIXADOCK and its licensors reserve all right, title and interest in the Services, and all associated copyrights, trademarks, and other intellectual
property rights therein. This License is limited to the intellectual property rights of PIXADOCK and its licensors in the Services and does not include any rights to other patents or intellectual
property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Services, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product or brand identification,
copyright, or other intellectual property notices in the Services. All rights not expressly granted herein are reserved by PIXADOCK.
Your right to use the Services is limited to the License grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Services or any component of it, except as expressly authorized by PIXADOCK. Unless expressly authorized in writing by PIXADOCK, you are prohibited from making the Services
(and/or a copy of the Services) available on or over a network where it could be used and/or downloaded by multiple users. You may not remove or alter any of PIXADOCK’s trademarks and/or logos, any legal notices included in the Services and/or any related assets. Your right to use the Services is also predicated on your compliance with any applicable terms or agreements you have with third parties when using the Services.
This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from PIXADOCK if you fail to comply with any of provision of these Terms or any Other Governing Agreement. Promptly upon termination, you must cease all use of the Services and destroy all copies of the Services in your possession or control. Termination will not limit any of PIXADOCK’s other rights or remedies under these
Terms, at law or in equity.
To determine your eligibility to use the Services, PIXADOCK may determine your location using one or more reference points, such as GPS, beacons and/or software within your personal computer, mobile device, consumer electronics device, or any other equipment. If you have set your device(s) to disable GPS, Bluetooth or other location determining software or do not
authorize the Services to access your location data, the Services may not be able to determine your location and you will not be able to access the Services. If you granted us permission to collect your precise GPS location information and you no longer wish for us and our service providers to collect and use such information, you may disable the location features on your device through the device’s operating system settings. Please note that if you disable such
features, you may not be able to access or receive some or all of the services, content, and/or
features made available via the Services. For more information about how the Services collects, uses and retains your information, please read our Privacy Policy.
The Services may provide links to third party applications, services or websites from our Site or Services (including advertising that may link to a third party). You understand that when you click on these links any data which you provide afterwards is subject to that third party’s privacy policy and not to our Privacy Policy. We can take no responsibility for the content, safety,
privacy or security of any third-party application, service or website.
You agree that the Services may automatically download and install updates, upgrades and additional features that PIXADOCK deems reasonable, beneficial to you and/or reasonably
necessary. You acknowledge and agree that any obligation PIXADOCK may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or
implementation of additional features. The License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
By using the Services, you agree to defend, indemnify, release and to hold harmless PIXADOCK, as well as its officers, directors, employees, shareholders and representatives from and against any claims, liabilities, damages, losses, actions or expenses, including without limitation reasonable legal and accounting fees, of any kind, arising out of or in any way
connected with (i) you access to our use of Services or your violation of these Terms; (ii) your User Content; (iii) your interaction with any other users; (iv) your receipt, ownership, use, or misuse of any prize, (v) any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy, or (iv) any claims made by any third party in connection with your use of
the Services, the receipt, ownership, use or misuse of any products or services made available on or through the Services.
We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
You expressly understand and agree that your use of the Services is at your sole risk. The
Services (including the related websites, apps, and content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-
infringement. You acknowledge that PIXADOCK has no control over, and no duty to take any action regarding: which users gain access to or use the Services; what effects the content may
have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release PIXADOCK from all liability for you having acquired or not acquired content through the Services. The Services may contain or direct you to other websites containing information that some people may find offensive or inappropriate.
PIXADOCK makes no representations concerning any content contained in or accessed through the Services, and PIXADOCK will not be responsible or liable for the accuracy, copyright
compliance, legality or decency of material contained in or accessed through the Services.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY
UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PIXADOCK NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF PIXADOCK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SERVICES; THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; ANY
ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR
NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN INDIVIDUAL TO JOIN OR PARTICIPATE IN A SOCIAL GAME OR SWEEPSTAKES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT;
INABILITY TO FULLY ACCESS THE SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, TRANSACTIONS, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS
PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PIXADOCK’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PIXADOCK FOR GENERAL USE OF THE SERVICES DURING THE TERM OF YOUR REGISTRATION FOR THE SERVICES, NOT INCLUDING ANY PAYMENTS FOR SOCIAL GAMES OR CURRENCIES RUN PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF PIXADOCK SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE SERVICES AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH
DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICES OR THE CONTENT CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE
LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE
SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
All title, ownership and intellectual property rights in and to the Services are owned by PIXADOCK or its respective licensors. You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and
other laws. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services. Except as expressly authorized by PIXADOCK, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
Disputes between us must be resolved on an individual basis. YOU AND PIXADOCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR
LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.
Unless PIXADOCK agrees otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Where PIXADOCK does consent, consolidation may be allowed. In individual cases, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the
individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim. In consolidated cases, the relief may cover the consolidated claims.
Any relief awarded cannot affect PIXADOCK users not involved in the individual or consolidated claims. If there is a final judicial determination that applicable law precludes
enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This subsection does not prevent you or PIXADOCK from participating in a class-wide settlement of claims.
Next, we will try to resolve our disputes informally before initiating a legal proceeding.
If a Dispute (as defined below) arises between you and PIXADOCK, PIXADOCK is committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first use good faith efforts to settle the Dispute informally and directly through consultation and negotiations before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address utilized as your username and
profile associated with your account, if applicable, to PIXADOCK, Pixadock Operating LLC, 9898 Bissonnet Street, Houston, Texas 77036, USA and info@pixadock.com The written
description must be on an individual basis and provide, at minimum, the following information: your name and contact information; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with PIXADOCK. Unless the parties
agree to extend the period for informal resolution, if the Dispute is not resolved within sixty (60)
days after receipt of the written description of the Dispute, you and PIXADOCK agree to the further Dispute resolution provisions below.
The informal dispute resolution procedure in this Section 21.2 is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties
engage in this informal dispute resolution procedure.
If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided in herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules.
If you are initiating arbitration, a copy of the demand shall also be emailed
to info@pixadock.com. If you are a PIXADOCK account holder, any demand filed by you
initiating arbitration must include the email address you used to log onto PIXADOCK, as well as any profile associated with that account that is controlled by you.
You and PIXADOCK agree that the terms of this Section 21 (collectively the “Arbitration
Agreement”) govern any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, the Terms, or your use of the
Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each a “Dispute” and collectively “Disputes”).
The parties further agree that the determination of the scope, enforceability, or applicability of this Arbitration Agreement, including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding
arbitration in accordance with this Section 21.
The only matters excluded from this Arbitration Agreement are the litigation of certain intellectual property and small court claims, as provided below.
This Arbitration Agreement supersedes any prior Arbitration Agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out
provisions set forth herein.
The parties agree that this Arbitration Agreement is made pursuant to a transaction involving
interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party
retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents,
copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary
information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding
whether a party’s claims are time-barred or may be brought in small claims court. Seeking such
relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed
pending the outcome of such action.
YOU AND PIXADOCK ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN SECTION 21.7
BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY
ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF PIXADOCK PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
With the exception of this Section 21.4 and 21.7 and 21.8 below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting
provision were not contained herein. If, however, this Section 21.4 or Sections 21.7 or 21.8 are found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor PIXADOCK shall be entitled to arbitrate their Dispute.
The arbitration will be administered by NAM and conducted before a single arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute
Resolution Rules and Procedures, Fees for Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or
permitting class or representative actions. The applicable NAM rules and procedures are
available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.
For all U.S. residents, the arbitration shall be held (i) at a location determined under the
applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in New York (unless otherwise agreed by the parties). The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or
arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM
rules and procedures for any frivolous claims or submissions the arbitrator determines have not
been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.
If the amount in controversy does not exceed $10,000 and you do not seek injunctive or
declaratory relief, then the arbitration will be conducted solely on the basis of documents you and PIXADOCK submit to the arbitrator, unless the arbitrator determines that a hearing is
necessary, or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree
otherwise.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently
resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration
proceedings will be confidential and closed to the public and any parties other than you and PIXADOCK (and each of the parties’ authorized representatives and agents), and all records
relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or
claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against PIXADOCK (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch (to the extent there are fewer than ten (10) arbitration demands left over
after the batching described above, a final batch will consist of the remaining demands) with
only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each demand within the batch (the same arbitrator may preside over multiple demands in a batch if the relevant claimants and PIXADOCK so agree); (iii) to accept applicable fees, including any
related fee reduction determined by NAM in its discretion; (iv) that no other demands for
arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is filed, processed, and adjudicated; (v) that fees associated with a demand for
arbitration included in a Mass Filing, including fees owed by PIXADOCK and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged
process of batched proceedings, with each set including ten (10) demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any of the claimants or PIXADOCK may cease arbitration and file in a court of competent jurisdiction.
Arbitrator selection for the demands in each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings for each demand within a batch will be conducted.
You agree to cooperate in good faith with PIXADOCK and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of
claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of demands. The parties further agree to cooperate with each other and the arbitration
provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching
shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of demands necessary to
trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and
Procedures or authorizing class arbitration of any kind. Unless PIXADOCK otherwise consents in writing, PIXADOCK does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 21.7. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Section 21.7 or the engagement of a mediator in Section 21.8 is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor PIXADOCK shall be entitled to arbitrate any claim that is a part of the Mass Filing.
The results of the first batch of demands will be given to a NAM mediator selected from a group of 5 mediators initially proposed by NAM, with PIXADOCK and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the
highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, PIXADOCK, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further
arbitrations, either PIXADOCK or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will
be provided in writing within sixty (60) days of the close of the Mediation Period. If neither PIXADOCK nor the remaining claimants opt out and they cannot agree to a methodology for
resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order
determined by the sequential numbers assigned to demands in the Mass Filing.
The arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in
connection with the Services. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential
findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the
authority to award monetary damages on an individual basis and to grant, on an individual basis,
any non-monetary remedy or relief available to an individual to the extent available under
applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of Sections 18 and 19 of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable
substantive law governing the claims in the arbitration.
If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, PIXADOCK will pay any filing and hearing fees in excess of $250 that the
arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the
arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.
The parties agree that NAM has discretion to reduce the amount or modify the timing of any
administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in subpart (vi)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also
agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due
dates for those fees shall be tolled during the pendency of such challenge.
You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to info@pixadock.com with the subject line,
“ARBITRATION OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a
trial by jury or judge, as permitted by applicable law, but any prior existing agreement to
arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, and PIXADOCK also will not be bound by it.
PIXADOCK will provide thirty (30) days’ notice of any material changes to this “Binding
Arbitration and Class Action Waiver” section. Any such changes will go into effect 30 days after PIXADOCK provides notice and will apply to all claims not yet filed regardless of when such claims may have accrued. If PIXADOCK changes this “Binding Arbitration and Class Action Waiver” section after the date you first accepted this Arbitration Agreement (or accepted any
subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes.
PIXADOCK may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your
copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide PIXADOCK with a written notice containing the following
information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service;
your 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 or intellectual property owner or
authorized to act on the copyright or intellectual property owner’s behalf.
PIXADOCK’s Copyright Agent can be reached in the following ways:
Mail: ATTN: Legal, PIXADOCK OPERATING LLC, 9898 Bissonnet Street, Houston, Texas 77036, USA
To be valid, a notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual
property rights.
In this Section 23, references to Terms shall include these Terms and the License.
If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable under applicable law, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the remainder of the provision shall be interpreted to achieve as closely as possible the effect of the original term and all other provisions of the Terms remain in full force and effect.
You agree that the provisions in these Terms that limit liability and disclaim warranties are essential terms of these Terms.
The Terms constitute the entire agreement between you and PIXADOCK with respect to the Services and supersedes any prior agreements, oral or written, between you and PIXADOCK.
In the case of a conflict between the Terms and the terms of any other electronic or machine- readable statement or policy, including our Privacy Policy, the Terms shall control, except for any agreement governing the use of mobile Services or other online service in which the user agrees to or is presented with any Other Governing Agreement. In such case, the Other
Governing Agreement shall control.
The failure of PIXADOCK to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third- party beneficiaries to these Terms.
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Services to a foreign national or national destination, which is prohibited by such laws, without
first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom PIXADOCK is prohibited from transacting business under
applicable law.
Any notices or other communications provided by PIXADOCK under these Terms will be given:
(i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Except as explicitly described in Section 21, you may give notice to PIXADOCK (such notice shall be deemed given when received by PIXADOCK) at any time by emailing info@pixadock.com
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
If you have any questions, concerns, requests or comments regarding these Terms, or if you wish to opt out of communications from PIXADOCK, we invite you to contact us by email
You acknowledge and agree that (i) these Terms are binding between you and PIXADOCK only, and Apple is not a party hereto, and (ii) as between PIXADOCK and Apple, it is PIXADOCK
that is responsible for the application and the content thereof. You must use the iOS version of the application only on an Apple-branded product that runs iOS. Your use of the iOS version of
the application must comply with the terms of use applicable to the Apple source from which you obtain it (including the “Usage Rules” set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support
services with respect to the application.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the application or your possession and use of the application,
including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the
application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the application infringes a
third party’s intellectual property rights.
In the event of any failure of the iOS version of the application to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the application (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the application, and, as between Apple and PIXADOCK, any other claims, losses,
liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be PIXADOCK’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit PIXADOCK’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof ticket.