Terms of use

GENERAL

Your acceptance of this Agreement is mandatory. The Company provide you with the Service or made it available to You strictly subject to your full and complete acceptance and agreement to this Agreement.
IF YOU DISAGREE WITH THIS AGREEMENT OR ANY PART OF IT, PLEASE DO NOT USE THE SERVICES.
When click on the button “Create Account” or any similar button leading to creation of the account, or when you tick the box "Agree"/"Accept" or similar box, or when you just start using the Service, including by visiting the Website, downloading or installing the App, you accept and agree on this Agreement as a legally binding agreement with the Company and undertake to be bound by it.
When you start using any specific Service, for example, Company’s online shop, you agree to be bound by this Agreement and by terms for that specific Service, if any.
Any additional, new, supplemental agreements, policies, terms and conditions, or documents that may be posted on the Website, referred to in this Terms of Use, or applicable to you otherwise are hereby expressly incorporated in this Agreement by reference and constitute a binding Agreement between You and the Company.
Country specific terms may be implemented by the Company and in each such case such terms shall prevail over and respectively modify this Agreement, with effect to the Users from such territories and with such other limitations as they may be provided in such terms.
The Company reserves the right, from time to time and in its sole discretion, to make any amendments, modifications, or alterations to this Agreement, including to any agreements, policies, terms and conditions, incorporated to this Terms of Use or posted on Website (hereinafter referred to as the “Changes”).
All and any Changes will be made by posting the new, updated, text of this Agreement on the Site, with updated “Last Updated” date.
All Changes automatically take effect on the earliest from: your continuing use of the Service upon expiration of 30-days period following the “Last Updated”, if you have not provided us with a termination notice – for all registered Users; or on the date set out in Clause 1.2 of this Agreement – for all new or non-registered Users.
You will be subject to, and will be deemed to have been made aware of and to have accepted the Changes in any updated or revised Agreement by you continued use of the Service after the “Last Updated” date as it will be updated on the Website.
We will alert you of any changes made by updating the “Last updated” date of this Agreement on the Website and by sending an email, if you are registered User and provided one, with the information of “Last Updating” date change. Hereby You agree, accept and confirm that at least notice on the Website of modifications is adequate notice and You hereby waive any right to receive specific notice of each such Change.
It is your responsibility to periodically review this Agreement to stay informed of updates and to read, review and become aware of updated terms and conditions of this Agreement each time when the “Last Updated” date has changed.

SERVICE

The Company operates and provides an online- and offline-accessed software that allows Users to create and modify 2d and 3d objects in pixel art style (hereinafter referred to as the “Content”), to download, to share such Content, to post (make publicly available) Content, to comment Content posted by other Users, to perform some other activities, whether via Company’s Website or Apps (the “Service”).
Under this Agreement the Company provides You with and hereby grant You a limited, revocable, non-exclusive, non-transferable license to use and access to the Service, subject to:
1. your full acceptance and agreement on a valid and effective version of this Agreement;
2. your full compliance with valid and effective version of this Agreement.

AGE ELIGIBILITY TO USE THE SERVICE.

Users under 13 years old are not allowed to use the Services. It is a crucial one. Services are not intended for children under 13 years old. The Company does not knowingly collect personal information from anyone under 13 years old. For some specific Services an eligible age may be older. Your age eligibility is one among other requirements which may be applicable to you and You must comply with all requirements, which are envisaged by this Agreement and other applicable terms and conditions.
Your use of the Service or any part of it will be immediately terminated by our sole decision and without any advanced or subsequent notice in case we become aware of your violation of any age restrictions set out herein. Also, in each such case any Content, and Comments, as well as any other data, materials, outcomes and deliverables, including arts, posts, comments, reactions, etc., may be deleted, hidden, blocked, etc., where possible, if so requested or desirable at our sole discretion.

YOUR COVENANTS, REPRESENTATIONS AND WARRANTIES.

By using the Services, you represent and warrant that:
1. you are at least 13 years old and you have reached the age allowing you to enter into this Agreement by yourself and without parents’ consent. In other words, when you enter into this Agreement, you represent and warrant that you have already reached the age of contractual capacity and you are able to enter into a binding agreement according to the legislation applicable to you;
2. if you use Pixio Studio or any identical or similar features to create or modify your own Content, or to create any new or derivative Content based on third-party’s Content, you additionally represent and warrant that you have reached the age allowing you to dispose of intellectual property;
3. you are not banned from consuming and using the Services due to the applicable sanctions. In other words, you represent and warrant that you:
  1. are not listed in any Sanctions-related list of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, or by the United Nations Security Council, the European Union or any European Union member state;
  2. are not residing or acting in sanctioned jurisdiction, including, as of the date hereof, Iran, Cuba, Syria, Sudan, North Korea, the Crimea region and other temporary occupied territories of the Ukraine, Republic of Belarus and Russian Federation;
  3. are not banned from consuming and using the Services due to any other similar prohibitions or sanctions;
4. you have provided and will provide truthful information on your account, if you create one;
5. you have read, understood and accepted this Agreement and Privacy Policy in full;
6. you undertake to comply with this Agreement, including all incorporated agreements, policies and terms, like COMMUNITY RULES or ACCEPTABLE USE POLICY.
Any misrepresentations and violations of the mentioned-above representations and warranties may have unpleasant consequences for you. The Company reserves the right at its sole discretion suspend the Services, some features, delete your account, block, delete any Content, posts, comments made by you, etc.

YOUR OBLIGATIONS, COMMITMENTS AND RIGHTS GRANTING.

The Company respects all rights which the Users, people, legal entity or any other persons may have, and really wants to avoid the Service being used for any violation of such rights. For these reasons every User shall obey the following rules while using the Services, as well as comply with COMMUNITY RULES or ACCEPTABLE USE POLICY.
A User shall:
1. When creating account:
  1. not create another account if the Company has already blocked, terminated or otherwise disabled User’s account;
  2. not create account/accounts through using of automated programs (bots, robots, etc.);
  3. not use personal data of other people to proceed the registration, verification processes if any is required for Service use;
2. when created account:
  1. not disclose her/his account log-in and password (if any) to any other persons or make it available to them otherwise;
  2. not alienate her/his account for the benefit of other persons (by donating, selling, leasing, exchanging it, etc.);
  3. not replace the data in his/her account, if provided, with untrue, inaccurate, outdated data or the data misleading the other Users as to User’s identity, name, age, occupation, etc. for any reason, provided however that, it is not applicable to the nicknames, if they are available to users;
  4. not to use the Service in any way or manner leading to or resulted in violation of or any inconsistencies with this Agreement, COMMUNITY RULES or ACCEPTABLE USE POLICY.
3. not pose as a representative or authorized person of the Company or its affiliates, or an employee of a law-enforcement authority without any appropriate legal grounds;
4. not place any materials (content, files) anywhere within the Service or with reference to the Service, which are or contain the advertising of any social network services and discredit the Service and/or the Company;
5. not use the Service for any commercial purpose without Company`s prior written consent, unless otherwise is implied by the terms of any specific Service;
6. not exploit nor thrive on the Services or any specific feature for the commercial purposes, including, but not limited, to provide any services beyond the Services (for example, «selling the comments», artificial increasing of numbers of comments, etc.);
If User violates any provision of this Agreement, applicable law, the Company may at its sole discretion take any of the following measures:
1. The Company may block User’s account for definite or indefinite period (for example, till the moment, when violations will be cured by User). The duration of the blocking is determined at the Company’s sole discretion;
2. The Company may delete User’s account;
3. The Company may block or delete some Content created using the Service or placed by a User on the Services;
4. The Company may block some specific features available to a User;
5. The Company may deny to provide access to the Service to the User, who decided to use the Services after the termination of this Agreement due to User’s violations.
The Company may take one or more measures defined above at the same time.
Under this Agreement you are not allowed and shall refrain from copying any Company’s software or its part, re-distributing, selling, leasing or transferring any Company’s software or its part, modifying any Company’s software, reverse engineering, decompiling or disassembling or otherwise attempting to derive source code from any Company’s software, in whole or part, unless otherwise has been agreed with Company in writing, and writing means only a hand-written document. This provision shall survive any termination of this Agreement.

RIGHTS COMPANY GRANTS TO YOU.

When you use, consume, visit, browsing or have access to any of our Service, whether via App, Website, or otherwise, Company hereby grants you a non-exclusive, revocable, royalty-free, non-transferable, non-sublicensable, worldwide end-user license to access and to use the Service, its separate parts and features, solely the for your personal consumption and subject to your acceptance and compliance with this Agreement, including any amendment which Company may make from time to time.
Downloaded Apps. When you download and or install any of our mobile, tablet or other software, including their updates, new releases, any modifications or versions thereof (the “App”), hereby the Company also grants to you a non-exclusive, revocable, royalty-free, non-transferable, non-sublicensable, non-commercial, worldwide end-user license to download, install, and/or use the App solely for your personal consumption and use of the Services and subject to you compliance with this Agreement.
Website. When you visit any of our website or when you have access to or use any of the Services through website you also accept the WEBSITE USE which are hereby incorporated to this Agreement by reference with the same force and effect as though fully set forth herein.

USER'S CREATIONS AND RIGHTS YOU GRANT TO THE COMPANY AND OTHER USERS

While using the Services you may create, upload, post, publish, share, store or otherwise dispose of Content, Comments, etc., which constitute an intellectual property and is protected by intellectual property law. In all cases You retain all your rights, titles and interests to or in such Content, unless otherwise set out in this Section 7.
License you grant to the Company (for Service). By creating, modifying the Content using the Service, by uploading, posting or otherwise submitting or transferring the Content to the Service, (1) you grant the Company and its subsidiaries, affiliates and their successors and assignors a worldwide, royalty-free, sublicensable, and transferable license to use, store, host, display, reproduce, publish, modify, process, adapt, edit, and distribute that Content; and (2) you also grant the other Users a non-exclusive right to use your Content within the Service functionality only, including, by viewing, reproducing, copying it for the purpose of a personal non-for-profit use, by using, modifying, adapting, editing your Content for creation any derivative works (Derivative Content), provided however that all such Derivative Content will be used, published, shared within the Service and under this Agreement. Also, under this license, you grant the Company a right to create derivative works and to publish, display or otherwise use such derivative works for the purpose of advertising, promotion of the Services.
License you grant to the Company (for other purposes). By using the Service for Content creation or modification, by uploading, posting or otherwise submitting or transferring Content to the Service, you grant the Company and all its subsidiaries, affiliates and their successors and assignors a worldwide, irrevocable, royalty-free, sublicensable, and transferable license to use, to store, to display, to reproduce, to publish, to modify, to adapt, to edit, to make derivative works, to distribute, to copy, or otherwise exploit your Content commercially, in any available other way or manner, including but not limited to, to use and exploit your Content by placing it on the packages, by developing and manufacturing any products reflecting, embodying your Content, as well as by distributing, importing and selling all such products around the world.
You use of the Service constitutes your consideration for the licensed granted hereunder to the Company
By uploading, posting or otherwise submitting content to the Services, you represent and warrant to the Company and its subsidiaries, affiliates and their successors and assignors that you do not violate the law nor anyone’s rights (including intellectual property rights) in respect to such Content.

PRIVACY ISSUES

When you start to use Service, the Company may collect and process your personal data. The fact of your Service usage is already a legal ground for the Company to collect and to process your personal data, because the Company and You have entered into the contract. However, the contract is not the only one reason for the processing of your personal data. While processing your personal data, the Company will also rely on a number of other legal grounds, namely, legitimate interest, compliance with a legal obligation and others. For some types of processing, the Company will need your consent and the Company will ask your consent in a clear and transparent manner.
To get more information about the data the Company collect, store and processes, your rights etc., you should read our Privacy policy and Cookie policy. Please read them carefully, when you use Company’s Services and accept this Agreement you are also bound by the mentioned above policies as they form a part of this Agreement and is hereby incorporated to this Agreement by reference.
If something in Company’s Privacy policy is not okay for you, or you disagree with anything, do not use the Service.

PROTECTION OF INTELLECTUAL PROPERTY

The Company respects intellectual property. The Company does not carry out a pre-moderation or censorship of the Content placed by Users. The Company is not authorized and cannot solve any disputes between third parties in respect to the intellectual property. At the same time, the Company considers notices of intellectual property rights holder and takes measures in order to stop the breaches of their rights within the Service. Please note, that only the copyright/trademark owner or their authorized representative may file a report of the alleged infringement.
The Company considers all reports of the alleged intellectual property rights infringements, but not all of them may be satisfied and not all claimed content may be removed or blocked.
If you have a good faith belief that someone infringes your copyright rights, you may submit to the Company a notice of alleged copyright infringement.
The notice of alleged copyright infringement in order to be accepted by the Company has to contain:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
4. your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement that the information in the notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You shall address the notice mentioned in clause 9.4 to Company`s designated agent at the following email: [email protected]
If you have a good faith belief that someone infringes your trademark rights, you may submit to us a notice of alleged trademark infringement.
The notice of alleged trademark infringement in order to be accepted by the Company has to contain:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the trademark claimed to have been infringed, documents concerning trademark registration;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
4. your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law;
6. a statement that the information in the notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You shall address the notice mentioned in clause 9.7 to Company`s designated agent at the following email: [email protected]
Please note, when the Company removes content in response to your report of copyright or trademark infringement, the Company notifies the person you reported to and informs them the content was removed. The Company also provides them with your contact information, including your email address and the name of your organization, and the contents of your report.
The Company retains a right to suspend the Service and/or some features, block a user, terminate this Agreement if the Company has reasonable grounds to believe that you abuse your rights under this section.
If your content was removed, the Company will notify you about this and provide you with information concerning your next steps, including but not limited to filing of counter-notification.

OWNERSHIP OF THE SERVICE, APP, WEBSITE

All intellectual property rights in or to the Service, App, Website and any their parts belong to the Company, including any other rights, titles, and interests in or to the Service, Website, App. The Service, Website, App shall be protected by national and international laws, copyright treaties and conventions. No ownership, rights titles and interests in or to the Service, Website, App shall be transferred to the User under this Agreement, except limited license to use as it is described in this Agreement.

DISCLAIMER, LIMITATION OF LIABILITY

The Company does not represent or warrant that: (1) the Service, the App or Website or any feature thereof will be secure, updated, complete, error-free, or uninterrupted; (2) that any defects will be corrected upon becoming known to the Company; (3) that your use of the Service, the App or Website will provide a specific results; (4) that the Service, the App or Website will always function without delays, disruptions, or imperfections; (5) that your purchases, progress, Content, etc. will be stored.
THE SERVICE, APP OR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Company cannot guarantee that the Service, the App or Website will be safe and secure or will work perfectly all the time. The availability of the Service, App or Website may vary from country to country. Some of the Service, App or Website features may not be available to you or in your country.
TO THE EXTENT PERMITTED BY LAW, HEREBY THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, APP, WEBSITE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, INVESTORS, BENEFICIAL OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE, EXEMPLARY OR ANY OTHER DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), FOR LOSS OF REVENUE, PROFITS OR ANTICIPATED PROFITS, FOR LOSS OF DATA, FOR LOSS OF OPPORTUNITIES, FOR LOSS OF GOODWILL, FOR LOSS OF OTHER OBJECTS OR ASSETS ARISING FROM:
1. BREACH OF THIS AGREEMENT OR OTHER APPLICABLE AGREEMENTS, TERMS, OR POLICIES;
2. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, APP OR WEBSITE;
3. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT AND DATA;
4. TERMINATION OF THIS AGREEMENT BY THE COMPANY;
5. MODIFICATIONS, AMENDMENTS, ERRORS IN THE SERVICE, APP OR WEBSITE;
6. SUSPENDING OR DELETING OF THE SERVICE, APP OR WEBSITE;
7. USE OF OR INABILITY TO USE THE SERVICE, APP OR WEBSITE, OR FROM ANY VIRUS THAT MAY BE TRANSMITTED.
TO THE EXTENT PERMITTED BY LAW IN ANY CASE THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, APP OR WEBSITE OR HEREWITH SHALL BE LIMITED TO 50$.
All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both the Company and the affiliated entities, and their respective successors and assigns.

NO CLAIMS

The User agrees that any claim the User may have that arises out of or related to the User’s relationship with the Company must be filed within 6 (six) months after such claim arose; otherwise, such claim is permanently barred.
To the extent permitted by law, the User agrees that any claim he/she may have against the Company, including the Company's past and present affiliates, officers, directors, employees, and agents, must be brought individually and the User shall not join such claim with claims of any other person or entity or bring, join, and/or participate in a class action against the Company, including the Company's past and present affiliates, officers, directors, employees, and agents.

DURATION OF THE AGREEMENT

You and the Company may terminate this Agreement without advanced notice, at any time, for or without any reason. The Company will try to notify you about the termination, but the Company is not obliged to do so. A User may terminate this Agreement at any time and for any reason by deleting his/her account.
This Agreement will terminate automatically if you fail to comply with any of the terms and conditions set out herein.
Upon termination for any reason, you must immediately uninstall the App and destroy all copies of the App in your possession.
The provisions regarding the User’s creation as stated above shall survive even upon termination of this Agreement for an indefinite period of time.

SEVERABILITY

If any provision of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any Section, paragraph, or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal, or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any Section, paragraph, or sentence of this Agreement containing any such provision held to be invalid, illegal, or unenforceable, that is not itself invalid, illegal, or unenforceable) shall be construed so as to give effect to the intent manifested thereby.

WAIVER

Any failure by the Company to exercise any of its respective rights, powers, or remedies under this Agreement, or any delay by the Company in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by the Company does not prevent either from exercising any other rights, powers, or remedies.

APPLICABLE LAW AND JURISDICTION

To the extent permitted by applicable law, this Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

TERMS OF USE