TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“EULA”) Applicable from: April 10, 2015. The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Pixel Barrage Entertainment, Inc, and its affiliates (“Pixel Barrage Entertainment, Inc”). This EULA governs
your use of Software and Services (as specified below). For purposes of this EULA "Software" means all
software programs distributed, published or otherwise made available by
Pixel Barrage Entertainment, Inc or its affiliates including, but not limited to mobile games,
downloadable/installable games for personal computer, and games accessed by
means of a browser or other online communication method. Software also includes
updates and upgrades as well as accompanying manual(s), packaging and other
written, files, electronic or on-line materials or documentation, and any and
all copies of such software and its materials. “Services” means all services made
available by Pixel Barrage Entertainment, Inc, including but not limited to services accessed
through mobile games, by means of a browser or by other online communication
method. Software and Services are collectively referred to as “Pixel Barrage Entertainment, Inc Services”. THE SOFTWARE IS LICENSED, NOT SOLD. YOUR
USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS
SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE Pixel Barrage Entertainment, Inc SERVICES OR ANY
MATERIALS INCLUDED IN OR WITH THE Pixel Barrage Entertainment, Inc
SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA. If you do not accept the terms of this EULA, do not install, use
or access the Pixel Barrage Entertainment, Inc Services. 1. LICENSES SOFTWARE LICENSE: Subject to this EULA
and its terms and conditions, Pixel Barrage Entertainment, Inc hereby grants you a non-exclusive,
non-transferable, non-sublicensable, limited right and license to use one copy
of the Software for your personal non-commercial use for gameplay on a single
computer or gaming unit, unless otherwise specified in the Software
documentation. The rights granted herein are subject to your compliance with
this EULA. The Software is being licensed to you and you hereby acknowledge
that no title or ownership in the Software is being transferred or assigned and
this EULA is not to be construed as a sale of any rights in the Software. SERVICE LICENSE: Subject to this EULA
and its terms and conditions, Pixel Barrage Entertainment, Inc hereby grants you a non-exclusive,
non-transferable, non-sublicensable, limited right and license to use the
Services as provided by Pixel Barrage Entertainment, Inc, for your personal non-commercial use, in
the manner permitted by this EULA. The rights granted herein are subject to
your compliance with this EULA. LICENSE TERM: The term of your
licenses under this EULA shall commence on the date that you accept this EULA
and install or otherwise use the Software and/or Services and ends on the
earlier date of either your disposal of the Software and/or Services or
Pixel Barrage Entertainment, Inc's termination of this EULA. Your license terminates immediately if
you attempt to circumvent any technical protection measures used in connection
with the Software and/or Services or you otherwise use the Software and/or
Services in breach of the terms of this EULA. OWNERSHIP; NO OTHER LICENSES: Pixel Barrage Entertainment, Inc retains all
right, title and interest in and to the Pixel Barrage Entertainment, Inc Services, including, but
not limited to, all copyrights, trademarks, trade secrets, trade names,
proprietary rights, patents, titles, computer codes, audiovisual effects,
themes, characters, character names, stories, dialog, settings, artwork, sound
effects, musical works, and moral rights whether registered or not and all
applications thereof. The Pixel Barrage Entertainment, Inc Services are protected by applicable laws
and treaties throughout the world. Unless expressly authorized by mandatory
legislation, the Pixel Barrage Entertainment, Inc Services may not be copied, reproduced or
distributed in any manner or medium, in whole or in part, without prior written
consent from Pixel Barrage Entertainment, Inc. All rights not expressly granted to you herein are
reserved by Pixel Barrage Entertainment, Inc. 2 THIRD PARTY SERVICES Pixel Barrage Entertainment, Inc Services may include links to third party services
and/or the third party services may be made available to you via Pixel Barrage Entertainment, Inc
Services. These services may include, but are not limited to gameplay recording
and sharing, social medial connectivity and the like. These services are
subject to respective third party terms and conditions. Please study these
third party terms and conditions carefully as they constitute an agreement
between you and the applicable third party service provider. 3 GENERAL LICENSE CONDITIONS You agree not to: (i) commercially exploit the Pixel Barrage Entertainment, Inc
Services; (ii) distribute, lease, license, sell, rent, lend, convey or
otherwise transfer or assign the Pixel Barrage Entertainment, Inc Services, any copies thereof, or
any passwords or usernames of Pixel Barrage Entertainment, Inc Services, without the express prior
written consent of Pixel Barrage Entertainment, Inc or as set forth in this EULA; (iii) make a copy
of the Pixel Barrage Entertainment, Inc Services or any part thereof, including but not limited to
Software (other than as set forth herein); (iv) make the Pixel Barrage Entertainment, Inc Services
publicly available or available on a network for use or download by multiple
users; (v) except as otherwise specifically provided by the Pixel Barrage Entertainment, Inc
Services or this EULA, use or install the Pixel Barrage Entertainment, Inc Services (or permit
others to do same) on a network, for on-line use, or on more than one computer
or gaming unit at the same time; (vi) use or copy the Pixel Barrage Entertainment, Inc Services at a
computer gaming center or any other location-based site; provided, that
Pixel Barrage Entertainment, Inc may offer you a separate site license agreement to make the
Pixel Barrage Entertainment, Inc Services available for commercial use; (vii) reverse engineer,
decompile, disassemble, translate, prepare derivative works based on or
otherwise modify the Pixel Barrage Entertainment, Inc Services, in whole or in part; (viii) remove,
obscure or modify any copyright, trademark or other proprietary rights notices,
marks or labels contained on or within the Pixel Barrage Entertainment, Inc Services, falsify or
delete any author attributions, legal notices or other labels of the origin or
source of the material; (ix) misrepresent the source of ownership of the Pixel Barrage Entertainment, Inc
Services; (x) transport, export or re-export (directly or indirectly) into any
country forbidden to receive such Pixel Barrage Entertainment, Inc Services by any U.S. or other
export laws or accompanying regulations or otherwise violate such laws or
regulations, that may be amended from time to time; or (xi) scrape, build
databases or otherwise create permanent copies of content returned from the
Pixel Barrage Entertainment, Inc Services. However, with regards to installable Software that was delivered
on a physical storage medium, you may transfer the entire Software and
accompanying documentation on a permanent basis to another person as long as
you retain no copies (including archival or backup copies) of the Software,
accompanying documentation, or any portion or component of the Software accompanying
documentation, and the recipient agrees to the terms of this EULA The Software
is intended for private use only. The Pixel Barrage Entertainment, Inc Services may include measures to control access
to the Pixel Barrage Entertainment, Inc Service, prevent unauthorized copies, or otherwise attempt
to prevent anyone from exceeding the limited rights and licenses granted under
this EULA. Only Pixel Barrage Entertainment, Inc Services subject to a valid license can be used to
access online services, and download updates and patches. You may not interfere
with such access control measures or attempt to disable or circumvent such
security features. If you disable or otherwise tamper with the technical
protection measures, the Pixel Barrage Entertainment, Inc Services will not function properly. The Pixel Barrage Entertainment, Inc Services may allow you to create content,
including but not limited to gameplay maps, screenshots or a video of your game
play. In exchange for use of the Pixel Barrage Entertainment, Inc Services, and to the extent that
your contributions through use of the Pixel Barrage Entertainment, Inc Services give rise to any copyright,
design right or any other intellectual or industrial property right you hereby
grant Pixel Barrage Entertainment, Inc an exclusive, royalty-free, perpetual, irrevocable, fully
transferable and sub-licensable worldwide right and license to use your
contributions in any way and for any purpose including, but not limited to the
rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast,
transmit, or otherwise communicate to the public by any means whether now known
or unknown and distribute your contributions without any further notice or
compensation to you of any kind for the whole duration of protection granted to
intellectual and industrial property rights by applicable laws and
international conventions. If not expressly prohibited by mandatory legislation,
you hereby waive any moral rights of paternity, publication, reputation, or
attribution with respect to Pixel Barrage Entertainment, Inc's and other players' use and enjoyment
of such assets in connection with the Pixel Barrage Entertainment, Inc Services and related goods
and services under applicable law. This license grant to Pixel Barrage Entertainment, Inc, and the
above waiver of any applicable moral rights, survives any termination of this
EULA. The Pixel Barrage Entertainment, Inc Services may require an internet connection to
access the Pixel Barrage Entertainment, Inc Services or its internet-based features, authenticate
the Software, or perform other functions. In order for certain features of the
Pixel Barrage Entertainment, Inc Services to operate properly, you may be required to have and
maintain (a) an adequate internet connection and/or (b) a valid and active
account with an online service as set forth in the documentation related to
Pixel Barrage Entertainment, Inc Services. By using the Pixel Barrage Entertainment, Inc Services, you acknowledge and
agree that third party data transfer fees may apply depending on your data
plan. Please consult your carrier for further information. If you do not
maintain such accounts, then the Pixel Barrage Entertainment, Inc Services or certain features of
the Pixel Barrage Entertainment, Inc Services may not operate or may cease to function properly,
either in whole or in part. 4 INFORMATION COLLECTION AND USE; PRIVACY POLICY By installing, accessing or using the Pixel Barrage Entertainment, Inc Services, you
consent to these information collection and usage terms, including (where
applicable) the transfer of data into a country outside of the European Union
and/or the European Economic Area or the United States of America. Pixel Barrage Entertainment, Inc respects your privacy rights and recognizes the
importance of protecting any information collected about you. Pixel Barrage Entertainment, Inc's
privacy policy as amended from time to time is available at www.Pixel Barrage Entertainment, Inc.com/privacy
("Privacy Policy") and applicable to this EULA. Pixel Barrage Entertainment, Inc’s Privacy Policy defines
how, why and to which extent Pixel Barrage Entertainment, Inc collects and uses personal and
non-personal information in relation to Pixel Barrage Entertainment, Inc's products and services. By
installing, accessing or using the Pixel Barrage Entertainment, Inc Services you explicitly agree
with the terms and conditions of Pixel Barrage Entertainment, Inc’s Privacy Policy and to
any terms and conditions included therein by reference. 5 PAYMENTS AND PURCHASES OF VIRTUAL GOODS Pixel Barrage Entertainment, Inc may license to you certain virtual goods to be used
within Pixel Barrage Entertainment, Inc Services. Unless otherwise specified, these virtual goods
shall be deemed an integral part of the Software. These virtual goods may be
licensed both for a fee using “real world money” and without any separate
fee, as applicable from time to time. These virtual goods may also be licensed
by using third party virtual currency, such as Facebook Credits or by using
separate activation codes. Any and all virtual goods are licensed to you on limited,
personal, non-transferable, non-sublicensable and revocable basis and limited
only for non-commercial use. Please note that any payment for licenses for virtual goods or
redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE.
Also please note that if you purchase Facebook Credits from Facebook, such
transaction is governed by the agreement between you and Facebook and
Pixel Barrage Entertainment, Inc is not a party to the transaction. Pixel Barrage Entertainment, Inc may manage, regulate, control, modify or eliminate
virtual goods at any time, with or without notice. Pixel Barrage Entertainment, Inc shall have no
liability to you or any third party in the event that Pixel Barrage Entertainment, Inc exercises any
such rights. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT Pixel Barrage Entertainment, Inc IS NOT REQUIRED TO PROVIDE
A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY
OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE
UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY. 6 WARRANTY 6.1 Warranty for Physical software Products Pixel Barrage Entertainment, Inc warrants to you (if you are the initial and original
purchaser of the Software) that, to the extent the Software is made available
to you on a physical storage medium, the original storage medium holding the
Software is free from defects in material and workmanship under normal use and
service for 90 days from the date of purchase. If mandatory legislation in your
jurisdiction requires longer in excess to the aforementioned 90 days, the
length of the warranty is amended accordingly. If for any reason you find a
defect in the physical storage medium during the warranty period, Pixel Barrage Entertainment, Inc
agrees to replace, free of charge, any physical storage medium and related
Software discovered to be defective within the warranty period as long as the
Software is currently commercially distributed by Pixel Barrage Entertainment, Inc. If the Software
is no longer available, Pixel Barrage Entertainment, Inc retains the right to substitute a similar
piece of Software of equal or greater value. This warranty is limited to the
physical storage medium and the Software as originally provided by Pixel Barrage Entertainment, Inc
and is not applicable to normal wear and tear. This warranty shall not be
applicable and shall be void if the defect has arisen through abuse,
mistreatment, or neglect. Any implied warranties prescribed by statute are
expressly limited to the warranty period described above. When returning the Software subject to the limited warranty
above, please send the original Software only to the Pixel Barrage Entertainment, Inc address
specified below and include: your name and return address; a photocopy of your
dated sales receipt; and a brief note describing the defect and the system on
which you are running the Software. 6.2 No other Warranties NOTWITHSTANDING THE ABOVE MENTIONED WARRANTY FOR PHYSICAL
STORAGE MEDIUM SPECIFIED IN SECTION 6.1 ABOVE, AND TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, THE Pixel Barrage Entertainment, Inc SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT
PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE
RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU.
Pixel Barrage Entertainment, Inc, Pixel Barrage Entertainment, Inc’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY
DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING
IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING
BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND
WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Pixel Barrage Entertainment, Inc, Pixel Barrage Entertainment, Inc’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE Pixel Barrage Entertainment, Inc SERVICES WILL MEET YOUR
REQUIREMENTS; THAT OPERATION OF THE Pixel Barrage Entertainment, Inc
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE Pixel Barrage Entertainment, Inc SERVICES WILL INTEROPERATE OR BE
COMPATIBLE WITH ANY OTHER Pixel Barrage Entertainment, Inc SERVICES OR THAT ANY ERRORS IN THE
Pixel Barrage Entertainment, Inc
SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY
Pixel Barrage Entertainment, Inc, Pixel Barrage Entertainment, Inc’S
LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR
LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND
LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION. 7 LIMITATION OF LIABILITY IN NO EVENT WILL Pixel Barrage Entertainment, Inc,
Pixel Barrage Entertainment, Inc’S
AFFILIATES, Pixel Barrage Entertainment, Inc’S
LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF
THE Pixel Barrage Entertainment, Inc SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY,
LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED
BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR
PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS
EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT,
STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT Pixel Barrage Entertainment, Inc, Pixel Barrage Entertainment, Inc’S LICENSORS OR
CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR
PURPOSES OF THIS SECTION 7, Pixel Barrage Entertainment, Inc’S LICENSORS AND CHANNEL PARTNERS
ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN
AND THEY MAY ENFORCE THIS EULA AGAINST YOU. BECAUSE SOME
STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE
SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF
LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT
BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE
OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN NO EVENT SHALL Pixel Barrage Entertainment, Inc’S, Pixel Barrage Entertainment, Inc’S AFFILIATES’, Pixel Barrage Entertainment, Inc’S LICENSORS’ OR
CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS
REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE
Pixel Barrage Entertainment, Inc SERVICES OR FIVE EUROS
(EUR 5), WHICHEVER LESS. 8 OTHER TERMS AND CONDITIONS TERMINATION: This EULA will terminate automatically if
you fail to comply with its terms and conditions. In such event, you must
destroy all copies of the Software and all of its component parts and cease and
desist from accessing any Pixel Barrage Entertainment, Inc Services. With regards to Software
delivered on a physical storage medium you can end this EULA by destroying the
Software and all copies and reproductions of the Software and deleting and
permanently purging the Software from any client server or computer on which it
has been installed. EQUITABLE REMEDIES: You hereby agree that if
the terms of this EULA are not specifically observed, Pixel Barrage Entertainment, Inc will be
irreparably damaged, and therefore you agree that Pixel Barrage Entertainment, Inc shall be
entitled, without bond, other security or proof of damages, to appropriate
equitable remedies with respect to your breach of any of the terms of this
EULA, in addition to any other available remedies. AFFILIATE: For purposes of this EULA, an “affiliate” or Pixel Barrage Entertainment, Inc means any
legal entity that is directly or indirectly controlled by Pixel Barrage Entertainment, Inc for so
long as such control lasts. Control shall exist
through direct or indirect ownership of more than 50 % of the nominal value of
the issued equity share capital or more than 50 % of the shares entitling the
holders to vote for the election of the members of the board of directors or
persons performing similar functions. INDEMNITY: You agree to indemnify, defend and hold
Pixel Barrage Entertainment, Inc, its partners, affiliates, contractors, officers, directors,
employees and agents harmless from and against any and all damages, losses and
expenses arising directly or indirectly from: (i) your acts and omissions to
act in using the Pixel Barrage Entertainment, Inc Services pursuant to the terms of the EULA; or
(ii) your breach of this EULA. MISCELLANEOUS: This EULA represents the
complete agreement concerning this license between the parties and supersedes
all prior agreements and representations between them. Pixel Barrage Entertainment, Inc reserves the
right, at its discretion, to change, modify, add or remove portions of this
EULA by posting the updated EULA on Pixel Barrage Entertainment, Inc’s website. You will be
deemed to have accepted such changes by continuing to use the Pixel Barrage Entertainment, Inc
Services. If any provision of this EULA is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to make
it enforceable and the remaining provisions of this EULA shall not be affected. GOVERNING LAW AND DISPUTE RESOLUTION: This EULA will be
governed by the laws of Finland without reference to its choice of law rules.
The United Nations Convention for the International Sale of Goods shall not
apply. Any dispute, controversy or claim arising out of or relating to
this EULA or the breach, termination or validity thereof shall be finally
settled at Pixel Barrage Entertainment, Inc's discretion (i) at your domicile's competent courts; or
(ii) by arbitration, in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST
Pixel Barrage Entertainment, Inc ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT productservice@pixelbarrage.com |