TERMS AND CONDITIONS
www.pixelnomial.com, www.thepixelnomial.com, and related website(s) are owned and/or operated by Pixelnomial Studios Inc, a company registered in Canada. Our offices are located at 74 Willmott St, Suite 300, Cobourg, ON K9A 0E9.
General Information on this Site and Terms
By using our site and/or services, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to any part of these terms, please do not use our site or services.
We may amend these terms and any documents referred to in them from time to time. Any changed or revised terms will be effective when published.
We do not guarantee that this site, or any content on it, will always be available or uninterrupted. We may suspend or withdraw access to the whole site or our services at any time, or withdraw or restrict availability to one or more parts of our site or services, for any or no reason. We may also restrict an individual user or class of users from accessing our site and/or services at any time.
You should not misuse our site or services, and you should not introduce viruses, Trojans, worms, logic bombs or other material to our site or services that may be harmful to us or other users of our site or services. You should not attempt to gain unauthorized access to our site or services, or areas of it or which are linked to it.
You may link to the home page on our site provided you do so in a way that is clear and fair, and does not misrepresent our site in any way. You should not link to our site in a way that suggests any association, endorsement or approval from or with us.
Our site and services are subject to certain Rules and guidance, which are incorporated into these terms by reference. You must comply with the current version of any rules, guidelines, codes of conduct or instructions that we notify to you. Use of our site or services in violation of and rules, guidelines or codes of conduct exceeds the scope of the license granted to you by us and is prohibited.
If you see content that you believe breaches our Rules or any applicable laws, then please Contact Us.
If you use our products, whether through this site or any other source, your use of our product is subject to the EULA which is incorporated herein by reference to the extent it is applicable to your activity.
Registration and Your Account
You may be asked to choose a username on creating an account for our site or services. You must not choose a username that infringes the rights of any third party, impersonates Pixelnomial Studios Inc. staff or other users, or which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate.
We may disable any account you have created on our site, or delete any information you have provided to us, as we determine appropriate in our sole discretion.
Ownership of Content
We are the owner (or licensee) of all material on our site and contained in our services and any material published on it. The site and any services of ours are protected by, among other things, copyright laws and treaties around the world. We fully reserve all our rights relating to all content on our site. You are permitted to use those elements of our site, services, and material that we make available to you for personal non-commercial purposes only. You must not use, edit or reproduce any content on our site anywhere else without attributing such content to us.
Third Party Sites
User Generated Content
This site includes certain places, such as the forums, where users may upload their own content. If you use these portions of the site to upload your own content, you agree to abide by the Rules and to comply with all applicable laws.
We are not liable for content which is uploaded by users of our site, and do not review or verify it before it is put on our site. The views expressed by our users are not ours, and do not represent our views or values.
You will hold us harmless for any breach of these Rules and any laws. Accordingly, you will be responsible for any loss or damage we suffer as a result of your breach of this principle or the Rules.
Anything you upload to our site will be considered non-confidential. By uploading content to our site you are granting us a non-exclusive, perpetual, irrevocable, royalty free worldwide right and license to use and/or modify such materials as we see fit, free from any restriction or qualification. You waive any ‘moral rights’ in any such materials to the fullest extent permitted by law.
You should back up or save anything you upload, as we may not.
If you wish to notify us of any allegedly defamatory statement contained on our site or you believe that material has been dealt with on our site in a way that constitutes infringement of your intellectual property rights, please write to our registered office with the following supporting details:
Your contact details, including your full name, player name (if applicable), your postal address, telephone number and email address.
The full details of the material complained about and the reasons for the complaint.
The exact and full URL where you found the material.
If the request relates to copyright, provide proof that you are the rights holder.
Please mark the letter for the attention of the “Legal Team” and ensure the letter is signed and dated.
You have the ability to remove certain content you upload yourself through features we make available on the site. If you would like assistance with this, please let us know at the contact us details provided herein.
Intellectual Property Rights
We grant you a limited, revocable, personal, non-exclusive right and license to use our site, services and materials, solely for your own non-commercial purposes.
“Pixelnomial Studios Inc.” and “The Pixelnomial” are registered and/or unregistered trademarks of Pixelnomial Studios Inc. in Canada, the United States and other countries.
All third party trademarks are the property of their respective owners.
You must not reverse-engineer, de-compile or modify this site, or any software available on or through it, in any way (except to the extent allowed by applicable law). You must not use a modified/customized version of any software you access or download from this site, and must not copy, transfer or sublicense any of our site content. You should not create any means by which our site, or content on it, or accessed through it, may be used other than as we intended. Please note that any such activity may be in violation of laws or our intellectual property rights, and we reserve the right to take such action as appropriate in the circumstances should we become aware of any such offenses being committed.
Materials (including with limitation all information, software, data, text, photographs, graphics, sound and video) placed on or accessed through our site are subject to copyright and other intellectual property rights, and we fully assert ownership of, in and to any such content. You may only use such materials as we have intended, for personal, non-commercial use, in accordance with all these terms and conditions.
All intellectual property or other rights in any content on or access through our site, including material you submit to our site, are and will remain our property (or the property of third parties from whom we have licensed this content). You are only granted a limited personal permission to use such content, subject to and in accordance with these terms and conditions. This permission can be revoked at any time.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership, title or other property interests in or to any product or account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of Pixelnomial Studios Inc..
Pixelnomial Studios Inc. reserves the right to stop offering a product or a particular part of a Product at any time either permanently or temporarily, at which point any license granted to you to use the Product or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the product.
Notwithstanding any of the following, nothing in these terms and conditions purports to exclude or limit our liability in any way in which it would be unlawful to do so. In particular, we do not purport to exclude or limit liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Our site and services are provided on an “as is” and “as available” basis. We do not warrant that you will be able to access or use our site or services at the times of locations of your choosing, or at all, or that your experience will be uninterrupted, or free of errors. Accordingly we are not liable for any loss or damage that might arise, for example, from the inoperability, unavailability, or security vulnerabilities of our site or services, or from your reliance on the quality, accuracy or reliability of our site or services.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable arising as a result of, your use of, or reliance on, any aspect of this site. In particular, we will not be liable for any: a) loss of profits, sales, business or revenue; b) business interruption; c) loss of anticipated savings; d) loss of business opportunity, goodwill or reputation; or e) any indirect or consequential loss or damage.
The maximum liability of Pixelnomial Studios Inc. to you for losses or damages that you suffer in connection with our site or services, shall not exceed the amount that you paid during the twelve (12) months period to the time the cause of action arose.
You will be liable for any loss or damage we suffer arising from your breach of these terms and conditions, laws, or arising from your misuse of our site and/or services.
The content of this site is intended for general information purposes and is not intended as advice or representations upon which you should rely. We make no representations, warranties or guarantees as to any information on our site, and you should exercise caution if reading or using information on our site.
We do not guarantee our site will be secure or free of bugs or viruses. You are responsible for configuring your information technology, computer programs and operating system to access our site, and you should use your own virus protection software and security measures to protect your device and information.
We do not represent that our site or services is suitable for all locations where it may be accessed.
Third Party Sites
Any third party sites or technologies referenced on our site are not endorsed, controlled or verified by us. We do not guarantee that any suggested technologies will work on your computer or be virus free. Any suggestions made are not a warranty of any kind and we are not responsible for any disruption, problem, damage, data loss, cost or inconvenience caused by the suggested sites or technologies. We will not provide support for any sites or technologies which are not our own. We exercise no control over the copyright, patent or trademark compliance or legality of any referenced sites or technologies.
Choice of Law
These terms and conditions and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms and conditions between the parties in relation to such matters. The limitations, exclusions and restrictions in these terms and conditions shall inure to the benefit of Pixelnomial Studios Inc. and its licensors, successors and assigns. Nothing in these terms and conditions affects your statutory rights as a consumer. Headings above are for guidance only. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement.