Terms of Service
AGREEMENT OF TERMS AND CONDITIONS FOR OUR PRODUCTS
READ THIS CAREFULLY — it's a binding agreement that affects your rights and what you're responsible for. This agreement (the "Agreement") covers all licenses that Pixelbrook ("the Company") grants for use of the "Product". By Product we mean the Pixelbrook video game and its software, plus all the documentation that comes with it. That includes the manuals, user guides, audio, visuals, characters, design features, and basically everything artistic or creative in the game. It also covers all the intellectual property — copyright, patents, trademarks, and any other rights attached to the software or any updates we release. When we say "you" in this agreement, we're talking about anyone who buys or uses the Product. By using the Product, you're saying that you're at least 13 years old, you understand and agree to these terms, and if you're between 13 and 18, your legal guardian has reviewed this and agrees to it too. This is a legally binding contract between you and the Company. When you buy a license and agree to this, you get the right to use the Product personally. If you don't follow these terms, you need to delete all the software right away. The license starts when you download the Product and ends if you break the agreement. It's just for personal gameplay — you can't use it for anything else. If you buy multiple copies, each one is covered by this agreement as of the purchase date. You can't change this agreement on your own. Only the Company can modify it, and only in writing. Any changes take effect immediately. The Company can change, modify, add to, or remove parts of these Terms whenever it wants by posting updates on its website. When you keep using the Product, you're accepting those changes. All updated terms are in effect right away. If you don't agree with any part of the current Terms, your license ends immediately and you have to stop using the Product.
USE OF PRODUCT
Even though you're buying a license to use the Product personally, the Company still owns it completely and you have to follow this agreement. You're allowed to make one backup copy, and you need to keep all the information that comes with it. Don't share it, transfer it, or give it to anyone else. You won't take it apart, modify it, reverse engineer it, or let anyone else do that either. Don't loan it, rent it, lease it, or transfer any part of the license to anyone. There are specific restrictions on how you can use the Product. By using it, you're agreeing to follow these and any other rules that come up in the Product itself. You agree not to do any of this: Mess with or disrupt the Product or its servers, or break any rules or policies of connected networks. Interfere with, disrupt, or get around any security feature or access restrictions. Use the Product to break any law. Use it to harm minors in any way. Use it to share personal information about other people, track them, contact them, or pretend to be them. Scam or trick the Company or other users. Pretend to be someone you're not or lie about who you are. Cheat or use bots, macros, automation software, or any cheating tools that mess with how the game works. You also agree to follow all the laws that apply to how you act online and what you post. And you won't use the Product in ways that the Company thinks are bad for the Product or for how much other people enjoy it. The Company gets to decide what counts as breaking these Terms and what to do about it, including kicking you out. You're responsible for any charges from your internet provider or phone company for accessing the Product.
PAYMENT & WARRANTY
You'll pay everything the Company charges for the license when it's due, and you can't argue about the charge unless the Product isn't working right within the first week of buying it. Any complaint has to come after the Company has had a chance to fix the problem. If you want a refund, you've got seven days from when you bought the license to ask for it. Once you agree to buy, the sale is final and you don't get your money back unless the Company decides to give you one within that same week. After seven days pass, refunds are off the table, but we'll keep supporting the Product.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The Product might have virtual currency — coins, gems, tokens, that sort of thing — which you can earn while playing or buy with real money ("Virtual Currency"). There might also be virtual items like cosmetics or special abilities that you earn or purchase ("Virtual Goods"). The Company can manage, control, change, or get rid of Virtual Currency and Virtual Goods whenever it wants. If it does that, the Company isn't responsible to you for anything. You don't own Virtual Goods or Currency in any real sense. What you do have is a limited, personal license to use them. It's not transferable, you can't sublicense it, and the Company can take it away. You agree you can't transfer Virtual Currency or Virtual Goods except where the Company specifically says you can. Outside the Product, you won't sell, trade, or give Virtual Currency or Virtual Goods to the Company, other players, or anybody else. All sales of Virtual Currency and Virtual Goods are final and non-refundable. The only exception is if the Company decides on its own to give you a refund. If this agreement ends, your license ends, or the Product gets shut down for any reason, you lose all your Virtual Currency and Virtual Goods. The Company isn't liable for that.
USER CONTENT
The Product might let you and other players create, post, or share things like text, images, comments, and other content ("User Content"). The Company doesn't have to accept, show, look at, or keep any of it. Everything that gets posted is the responsibility of whoever created it. The Company doesn't look through User Content ahead of time, check it for accuracy or legality, or monitor it for quality. We don't make any promises about it. You understand that using the Product comes with risk, and you might see User Content that's offensive or upsetting. That's on you. The Company isn't liable for any User Content, including mistakes or problems that come from it. That said, the Company reserves the right to look at, refuse, remove, edit, or block any User Content without warning and for any reason. If you see something that breaks these Terms, you can report it. Anything you create is called "Your Content". You're saying it's not confidential and we won't give it back. You're also promising that it's your own original work and you own all the rights to it, and that giving those rights to the Company won't get us sued. We don't claim to own Your Content. We're not responsible for watching out for your intellectual property rights in it. By creating and posting it, you're giving the Company a worldwide, permanent, non-exclusive license to use, copy, change, modify, distribute, sell, transfer, display publicly, and exploit Your Content. You also let us sublicense it and let other people exercise those same rights. You're also giving us the right to use your name, voice, and likeness connected to anything you post, and you give up any right to be credited or to claim moral rights over it, no matter what we do with it.
COMPANY REPRESENTATIONS
YOU AGREE THAT USING THE PRODUCT IS AT YOUR OWN RISK. IT'S PROVIDED AS-IS, WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THAT INCLUDES NO WARRANTY THAT IT'S ORIGINAL, DOESN'T VIOLATE ANYONE'S RIGHTS, OR THAT IT'LL DO WHAT YOU WANT IT TO DO. WITHOUT LIMITING THAT, THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, DISTRIBUTORS, AND LICENSORS (TOGETHER "COMPANY PARTIES") DON'T GUARANTEE THAT THE PRODUCT WILL DO WHAT YOU NEED IT TO DO, OR THAT YOU'LL BE ABLE TO VIEW USER CONTENT. WE ALSO DON'T GUARANTEE THE PRODUCT WILL RUN WITHOUT INTERRUPTION, THAT IT'LL BE TIMELY, SECURE, OR ERROR-FREE. TO THE FULLEST EXTENT THE LAW ALLOWS, COMPANY PARTIES WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES. THAT INCLUDES LOST MONEY, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR SOME OTHER LEGAL THEORY. THIS APPLIES EVEN IF THE COMPANY KNEW DAMAGE WAS POSSIBLE. THE COMPANY PARTIES' LIABILITY IS CAPPED AT WHAT YOU PAID THE COMPANY IN THE 90 DAYS BEFORE YOU MADE A CLAIM. IF YOU DIDN'T PAY ANYTHING DURING THAT TIME, YOUR ONLY OPTION IS TO STOP USING THE PRODUCT. Some places don't allow you to exclude warranties or put limits on liability. So some of these limitations might not apply to you. The Company's liability and how long warranties last will be whatever the law in your area requires at minimum.
TERMINATION
The Company can end this agreement and your access to the Product anytime for any reason. If the Company thinks you've broken these Terms, done something illegal, or caused harm or harassment, it might notify authorities or take action without telling you first. You could lose everything connected to your account — your username, characters, achievements, Virtual Currency, Virtual Goods, all of it. You won't get a refund, reimbursement, or any compensation if your access gets terminated. The Company also reserves the right to refuse to give you the Product in the first place. This agreement stays in effect until it's terminated. Even after the Product goes away, you agree these Terms keep going.
DISPUTES WITH OTHERS
The Company could step in if you and another player are having a problem, but it doesn't have to. You're in charge of how you interact with other users and anyone you contact through the Product. You have to work with the Company fully if it's looking into something that might be unlawful or fraudulent. The Company isn't responsible for disputes between you and other players.
THIRD PARTY WEBSITES
The Product might have links to other websites. The Company isn't responsible for whether those sites work, if the information on them is correct, or what they're selling. Links don't mean the Company endorses them. Using those sites is your risk. The Company can remove links whenever it wants.
GOVERNING LAW
This agreement is governed by the laws of the Province of New Brunswick and the laws of Canada that apply there. Both parties agree that the courts of the Province of New Brunswick have jurisdiction.
SUCCESSORS IN INTEREST
This agreement binds and benefits the parties and their successors and anyone they assign rights to. You can't assign this agreement without written permission from the Company, and the Company doesn't have to give that permission. The Company can assign it to anyone who agrees to be bound by it. If the Company assigns this to someone else, it's released from liability. WAIVER Any waiver of a provision or breach only counts if it's in writing. If the Company waives something once, that doesn't mean it's waiving it forever.
SEVERABILITY
If any part of this agreement gets struck down, the rest of it still stands.
ENTIRE AGREEMENT
This agreement is the complete understanding between the parties about what's being agreed to.