Terms of Service
Effective November 22, 2022
IMPORTANT NOTICE: FOR U.S. AND CANADIAN PLAYERS, AS DESCRIBED BELOW, DISPUTES BETWEEN YOU AND ENCHANTED PIXEL MUST BE RESOLVED BY BINDING ARBITRATION UNLESS AN EXCEPTION APPLIES.
YOU HAVE A RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT FOR A LIMITED TIME AS DESCRIBED BELOW.
For more details, go to Section 15 (Agreement to Arbitrate and Class Action Waiver).
Please read these Terms of Service before using Enchanted Pixel’s Services. These Terms of Service set out the terms and conditions that apply when you use our Services (described below). When you use our Services, you agree to be bound by these terms and conditions.
“Enchanted Pixel,” or “we,” “our,” or “us” in these Terms of Service means Enchanted Pixel LLC located at 3225 McLeod Drive, Suite 100, Las Vegas, NV, 89121. In all cases, “Enchanted Pixel,” “we,” “our,” or “us” includes agents, consultants, employees, officers, and directors.
“Account” means an account you create when you access the Services.
“Community Rules” means the rules of conduct that govern your interaction with our Services and other players, which can be found here.
“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms.
“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that Enchanted Pixel may offer from time to time to certain eligible players.
“Services” means our games, products, services, content, Enchanted Pixel.com, and/or other domains or websites operated by Enchanted Pixel.
“Terms of Service” or “Terms” means these terms of service.
“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.
“Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and (b) virtual in-game items.
“Enchanted Pixel” means Enchanted Pixel’s subsidiaries, joint ventures, and other corporate entities controlled by Enchanted Pixel and their agents, consultants, employees, officers, and directors.
“Enchanted Pixel Affiliates” refers to the Enchanted Pixel’s third-party content providers, distributors, licensees, or licensors.
2. CHANGES TO THESE TERMS
We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms, Community Rules, or Feature Terms at any time by posting the amended Terms, Community Rules, or Feature Terms on our sites or within the Services (such as through in-game notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless we state otherwise, changes are effective when posted. New versions of the Terms, Community Rules, and Feature Terms, and any other policies, codes, or rules will be accessible at https://enchantedpixel.com/ or from within the Services. If you continue to use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.
You can’t make changes to the Terms, Community Rules, or Feature Terms unless both you and Enchanted Pixel sign a written amendment.
If you have a dispute with Enchanted Pixel, the version of the Terms, Community Rules, and Feature Terms in effect at the time Enchanted Pixel received actual notice of the dispute will apply to such dispute.
If the Terms have any provisions or information that conflict with other Enchanted Pixel terms or policies, these Terms shall govern.
3. ACCOUNT INFORMATION AND SECURITY
In order to use our Services, we may ask you to create an Account and select a password and/or provide us with certain personal information, which may include your name, birthdate, e-mail address, and, in some cases, payment information.
You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account.
If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately.
4. USING OUR SERVICES
Who can use our Services: We are excited to have you start playing our games, but there are some limits on who can use our Services.
You may not use our Services if:
- You cannot enter into a binding contract with Enchanted Pixel.
- You are a ‘child’, which means someone (a) under 13 years old or, if older, (b) between 13 and 18 years old but under the age at which you can give valid consent to processing of your personal information under applicable data privacy laws, unless a version of the Enchanted Pixel Service is specifically made available to children, as permitted by applicable data privacy laws.
- You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
- You are a convicted sex offender.
- You have previously been banned from playing any Enchanted Pixel game or using any Enchanted Pixel Service, unless Enchanted Pixel has reversed that ban, in its sole discretion.
If you are under the age of 18, or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms.
Additional Important Rules and Terms:
If you use our Services, you must follow the Enchanted Pixel Community Rules and all other Feature Terms that may apply. These additional rules and terms apply in addition to these Terms and are important. Please read them. If you access the Services from a social network, such as Facebook, or download the Services from another platform, such as Apple or Google, you must also comply with that third party’s terms of service/use as well as these Terms.
Accessing our Services:
To access or play our games or create an Account with us, you may need an account with a social network, like Facebook, and, if you are using our mobile Services, an account with the company that provides your mobile applications, like an Apple iTunes account. You may need to update third-party software from time to time to receive the Services and play Enchanted Pixel’s Games.
We provide games and other Services. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.
Service Changes and Limitations:
Enchanted Pixel reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, Enchanted Pixel is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased.
ENCHANTED PIXEL MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION
OF THEM; PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND
ENCHANTED PIXEL IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.
Deleting your Account:
You may stop using our Services and request that we delete your Account at any time. You may contact us at email@example.com to request deletion of your Account.
Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your Account.
5. OWNERSHIP; LIMITED LICENSE
Games and Services:
The Services comprise works that are owned or licensed by the Enchanted Pixel LLC, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations.
All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.
So long as you abide by these Terms and any other rules, including the Community Rules and any Feature Terms, you may use the Services subject to these Terms, for your own non-commercial, entertainment purposes. You agree not to use the Services for any other purpose and agree that Enchanted Pixel will have no liability to you for any damage or loss arising from unauthorized uses.
If you breach these Terms, or any of our other terms that apply to you, we may take action against you, including, among other things, terminating your account. In addition, you may be breaking the law, including breaches or violations of Enchanted Pixel’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY ENCHANTED PIXEL GAME, IS A BREACH OF ENCHANTED PIXEL POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Your Account and Virtual Items:
Regardless of any other statement in these Terms, the Community Rules, or any Feature Terms that apply to features you may choose to use, you do not own any Account that you create on our Services, including in our games, and your Account is not your property.
Likewise, you do not own any Virtual Items that you obtained through our Services, regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related Virtual Items are owned by Enchanted Pixel. Enchanted Pixel gives you a limited license and right to use your Account and the related Virtual Items while we offer the Services.
TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.
You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.
If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:
- not confidential;
- not in violation of law;
- not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
- free of viruses, adware, spyware, worms, or other malicious code;
- in compliance with our Community Rules.
You are solely responsible for securing and backing up your content.
Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but, to the extent allowed by applicable laws, you give Enchanted Pixel a perpetual and irrevocable (other than as provided below), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).
We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms, our Community Rules, or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so. Enchanted Pixel’s license to your User Content ends when you request deletion of your Account (which you may do by sending an email to firstname.lastname@example.org, with the following exceptions:
- User Content submitted in response to Enchanted Pixel promotions, which will be subject to any Feature Terms or other terms of the promotion;
- User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms; and
- User Content subject to a separate license with Enchanted Pixel, which will be subject to the terms of such license.
If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.
When you post, publish, or transmit your observations and comments on the Services, such as in forums, blogs, and chat features, we cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. Enchanted Pixel IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY FORUMS, BLOGS, OR CHAT ROOMS.
6. MONITORING USE OF SERVICES AND USER CONTENT
We have no obligation to monitor the Services for inappropriate or illegal User Content or the conduct of other players, and we take no responsibility for such conduct. We also are not responsible for information, materials, products, or services provided by other players (for instance, in their profiles) and User Content is not approved by us. By using our Services, you understand that you may be exposed to conduct that you might find offensive or otherwise objectionable. We do not endorse any User Content posted on the Services, and nor do we guarantee its truthfulness or accuracy. However, if someone is violating these Terms or misusing the Services, please let us know by using the “Report Abuse” link provided in the Services or contacting us at email@example.com.
While we have no obligation to monitor the Services, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with Enchanted Pixel or other player when you are using the Services (including without limitation your communications through in-game text or video chat), in accordance with applicable privacy law. We may also, at our discretion, choose to edit, refuse to post, or remove any User Content or any other materials that we deem in our sole discretion to be objectionable. If we determine that your communications or User Content violate these Terms, Feature Terms, or Community Rules, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Services entirely.
7. YOUR DEALINGS WITH OTHER PLAYERS
You are responsible for your interactions with other players. If you have a problem with another player, we are not required to get involved, but we can if we desire.
If you have a dispute with another player, you release Enchanted Pixel, and all Enchanted Pixel Affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. This does not apply to users located in the EEA or in Brazil. If you are located in the EEA or in Brazil, your liability vis-à-vis Enchanted Pixel is as set forth by the law applicable in the country where you reside.
As part of the Services, we may offer you the opportunity to play with your friends or other matched opponents. To ensure that you always have available opponents at the right skill level, some of these matched opponents may be auto-generated players that look and play like real people.
If you are located in California, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
We may allow you to use the Services to initiate SMS or MMS text messages to your friends, family, or other contacts. You are not required to send such text messages, you are solely responsible for them, and you understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that Enchanted Pixel does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you represent and warrant to us that the recipients of the text messages have appropriately consented to receive the text messages.
8. PAYMENT TERMS
We provide a service in the form of access to games, Virtual Items, and our other Services. In the Services you may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services.
How it Works:
You get a limited license and right to use Virtual Items by visiting the purchase page in one of our games or Services and providing billing authorization through the platform on which you are playing (e.g., Facebook, Apple, Google).
When you make a purchase on any Enchanted Pixel-owned website, the payment page will let you know what payment methods you can use to pay when you make your purchase.
The price of the product will be the price indicated on the order page when you place your order. When your purchase is complete, we may send you a confirmation email that will have details of the items you have ordered. Please check that the details in the confirmation message are correct as soon as possible and keep a copy of it for your records. Enchanted Pixel keeps records of Enchanted Pixelgames.com transactions in order to handle any future questions about that transaction.
When you purchase Virtual Items in our games on other platforms such as Facebook, Apple, or Google, Enchanted Pixel is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You can also contact our Billing support team as described below for questions concerning refunds of purchases made through Facebook or Google.
For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Service(s) or Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins.
For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:
- agree that we will supply the Virtual Items to you as soon as we have accepted your order; and
- if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.
You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT ENCHANTED PIXEL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH ENCHANTEDPIXEL.COM OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
Additional Payment Terms:
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Enchanted Pixel may revise the pricing for the goods and services it licenses to you through the Services at any time.
For billing support, please contact us at firstname.lastname@example.org. For non-billing customer assistance, you must contact us through Customer Support.
9. PROMOTIONS AND OFFERS
From time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms.
In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.
10. THIRD-PARTY ADVERTISING
Sometimes we provide links in our games or on the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services or upgrade (such as in-game currency) in exchange.
Any charge or obligation you take on in dealing with these other companies is your responsibility.
We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.
Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.
11. COPYRIGHT NOTICES/COMPLAINTS
We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply.
We reserve the right to terminate any player’s access to the Services if we determine that the player is a “repeat infringer.” We do not have to notify the player before we do this.
12. FEEDBACK AND UNSOLICITED IDEAS
We may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. And any idea, information, or feedback you submit to us voluntarily is subject to the following:
- Enchanted Pixel will consider the Submissions to be non-confidential and non-proprietary.
- Enchanted Pixel shall have no obligations concerning the Submissions, including but not limited to, no obligation to return any materials or acknowledge receipt of any Submissions.
- Enchanted Pixel may use, copy, distribute, perform, display, publish, create any derivative works from or disclose the Submissions for any purpose and in any way, without any compensation to you or any third party.
13. AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER
Enchanted Pixel, and the Enchanted Pixel Affiliates make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ENCHANTED PIXEL, AND THE ENCHANTED PIXEL AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. ENCHANTED PIXEL, AND THE ENCHANTED PIXEL AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.
14. LIMITATIONS; WAIVER OF LIABILITY
YOU ACKNOWLEDGE THAT ENCHANTED PIXEL, AND THE ENCHANTED PIXEL AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF ENCHANTED PIXEL, AND/OR THE ENCHANTED PIXEL AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID ENCHANTED PIXEL, AND/OR THE ENCHANTED PIXEL AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID ENCHANTED PIXEL, OR ANY ENCHANTED PIXEL AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ENCHANTED PIXEL, AND/OR ANY ENCHANTED PIXEL AFFILIATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. These limitations/exclusions apply fully to New Jersey residents.
These limitations/exclusions to do not apply to users located in the EEA or in Brazil. For those users, if Enchanted Pixel fails to comply with these Terms, Enchanted Pixel is responsible for loss or damage you suffer that is a foreseeable result of Enchanted Pixel’s breach of these Terms or is a result of Enchanted Pixel’s negligence, but Enchanted Pixel is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Enchanted Pixel at the time we entered into these Terms.
15. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
THIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA.
If you are having a problem with the Services, many issues can be resolved on one of our player forums.
Before bringing a formal legal case, you must send written notice to Enchanted Pixel LLC., LEGAL DEPARTMENT, ATTN: ARBITRATION OF DISPUTE, 3225 Mcleod Drive, Suite 100, Las Vegas, NV, 89121, in order to give Enchanted Pixel the opportunity to resolve the dispute with you informally through negotiation. If Enchanted Pixel has a dispute with you, Enchanted Pixel will provide notice to the address and/or email address it has on file for you, if any. You and Enchanted Pixel agree to negotiate the dispute in good faith for no less than 30 days after notice of the dispute is provided.
If the dispute is not resolved within 30 days after receipt of notice of the dispute, Enchanted Pixel or you may pursue the claim in arbitration as provided in this section. You and Enchanted Pixel each agree that a dispute cannot be submitted to arbitration unless and until the party submitting the dispute to arbitration has complied, to the extent feasible, with the requirements of this paragraph.
You and Enchanted Pixel Both Agree to Arbitrate
By voluntarily accepting these Terms, you and Enchanted Pixel agree to the fullest extent permitted by law to resolve any claims arising out of, relating to, or in connection with the Terms, Feature Terms, Community Rules, your relationship with us, or Enchanted Pixel’s Services, including but not limited to your use of the Services and information you provide via the Services, through final and binding arbitration. This applies to all claims, unless the claim fits within the Exceptions to Agreement to Arbitrate identified below. This agreement to arbitrate also applies even after you stop using your Enchanted Pixel account or delete it. (In this Section 15 and in Section 17, you, and Enchanted Pixel may be referred to individually as “a party” or collectively as “the parties.”)
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms, you, and Enchanted Pixel agree to give up the right to a trial before a judge and jury.
Arbitrations are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, except as limited by these Terms. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome.
If any party disagrees about whether the arbitration agreement in this Section 15 (or any portion of it) can be enforced or whether it applies to the dispute, the parties all agree that an arbitrator will have sole authority to decide those issues.
In addition, if you, or Enchanted Pixel brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). You, or Enchanted Pixelmember may also ask a court to halt a court proceeding (i.e., stay the court proceedings) while an arbitration proceeding is ongoing.
The Arbitration Process
The American Arbitration Association (AAA) will run the arbitration between you and Enchanted Pixel, and AAA’s then-current rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call them at 1-800-778-7879.
Exceptions to Agreement to Arbitrate
The parties all agree that they will go to court to resolve disputes
- Relating to your, or Enchanted Pixel’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents; and
- Where the sole form of relief sought is injunctive relief.
The parties agree not to pursue injunctive relief (i.e., an order that the other party do or not to do something, apart from paying damages) in arbitration. Such relief must be sought in Court instead. If a party has a dispute in which they seek to obtain both injunctive and other forms of relief, the party must go to court to seek injunctive relief and must arbitrate to seek other forms of relief.
For more information about which court the parties can go to for resolving disputes that are not subject to arbitration, see Section 17 (Venue for Legal Disputes Not Subject to Arbitration).
No Class Actions
By voluntarily accepting these Terms, you and Enchanted Pixel agree that the parties can only bring a claim against each other on an individual basis.
The parties agree that neither you nor Enchanted Pixel can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action, or otherwise seek to recover losses incurred by a third party.
For the avoidance of doubt, this provision shall not preclude application of American Arbitration Association (AAA)’s Mass Arbitration Rules and Procedures, where those rules and procedures otherwise apply.
Opting out of the Agreement to Arbitrate and Class Action Waiver
You have the right to opt out and not be bound by this arbitration agreement by sending us written notice of your decision to opt out through Customer Support or by physical mail as stated in Section 23 (Notices). The notice must be sent within thirty (30) days of your first use of the Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section 15. If you opt out of these arbitration provisions, Enchanted Pixel also will not be bound by them.
This Section 15 shall survive termination of these Terms.
16. APPLICABLE LAW
If you are located in the United States, you agree that these Terms affect interstate commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of Section 15 (Agreement to Arbitrate and Class Action Waiver). In addition, these Terms and our relationship will be governed by Nevada law, except for its conflicts of laws principles.
If you are located anywhere other than the United States or Brazil, these Terms and our relationship will be governed by Irish law, except for its conflicts of laws principles. If you are located in Brazil, Brazilian law will be applied.
17. VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION
If you are located in the United States, judicial proceedings that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in Las Vegas, Nevada, unless the parties agree to some other location. You, and Enchanted Pixel, consent to venue and personal jurisdiction in Las Vegas, Nevada.
If you are located anywhere other than the United States, judicial proceedings must be brought in a court of competent jurisdiction in the state where you are habitually resident (“Applicable Jurisdiction”), unless the parties all agree to some other location.
You, and Enchanted Pixel consent to venue and personal jurisdiction in the Applicable Jurisdiction.
18. SEPARATION OF TERMS
Each of the paragraphs of these Terms operates separately. If any part of these Terms, Feature Terms, or Community Rules is not enforceable, the rest of these Terms, Feature Terms, and Community Rules still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.
We may give our rights, or our obligations, under these Terms, Feature Terms, or Community Rules to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, or Community Rules to anyone without first getting Enchanted Pixel’s written consent, and any attempt to do so without our consent is void.
20. ENTIRE AGREEMENT
These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. This provision does not apply to users located in the EEA.
21.LANGUAGE OF THE TERMS
22. NO WAIVER
If we do not enforce our rights under these Terms, Feature Terms, or Community Rules, that does not waive our right to do so later.
And, if we do expressly waive a provision of these Terms, Feature Terms, or Community Rules, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
If we have to give you notice of something according to the Terms, Feature Terms, or Community Rules, we may notify you by posting a message on enchantedpixel.com or in the Enchanted Pixel game(s) you play, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us.
If you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and addressed to Enchanted Pixel Inc., Attn: LEGAL DEPARTMENT, 3225 McLeod Drive, Suite 100, Las Vegas, NV, 89121, unless we have provided a more specific way of notifying us.
24. FORCE MAJEURE
We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials This provision does not apply to users located in the EEA.
Enchanted Pixel Community Rules
1. Follow the Law, Enchanted Pixel’s Terms of Service, Platform Terms of Service, and These Rules
You agree you will not, under any circumstances:
- Use the Services, intentionally or unintentionally, in violation or breach of any applicable law or regulation, or in a way that may put Enchanted Pixel in violation or breach of any applicable law or regulation, or in a way that promotes the violation or breach of any applicable law or regulation.
- Engage in any act that Enchanted Pixel deems in its sole discretion to be in conflict with the spirit or intent of the Services, including without limitation circumventing or manipulating the Terms of Service, these Community Rules, other Feature Terms, game rules, game mechanics, or other Enchanted Pixel policies.
You agree that you will:
- Abide by all terms and conditions of any third-party platform provider through which you access and/or use the Enchanted Pixel Services, such as Apple, Google, or Facebook (each a “Platform”), including without limitation all terms that apply to any payment you make through any Platform. In the event of any conflict between these Rules and the applicable Platform’s terms, the applicable Platform’s terms prevail.
2. Account Creation and Use
The following rules govern the creation and use of your Account:
- You must not have more than one Account, per Platform, at any given time; create an Account using a false identity or information; or create an Account on behalf of someone other than yourself.
- You must not sublicense, rent, lease, sell, trade, gift, bequeath, or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Enchanted Pixel’s written permission. Any such transfer or attempted transfer is prohibited and void.
- You must not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Enchanted Pixel’s written permission.
3. Improper Use of Others’ Personal Information
You agree that you will not, under any circumstances:
- Try to unlawfully obtain login information or access Accounts belonging to any other player.
- Seek to collect, misuse, or disseminate any other user’s content or non-public personal information.
- Upload or transmit, or attempt to upload or transmit, without Enchanted Pixel’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices or technologies (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms,” or “malware”).
4. Offensive or Infringing Content
You agree that you will not, under any circumstances:
- Post content or a link to content that is abusive, threatening, obscene, defamatory, or libelous; is racially, sexually, religiously, or otherwise objectionable or offensive; promotes or incites violence; or violates any applicable law or regulation.
- Post content or a link to content that contains nudity, excessive violence, or offensive subject matter.
- Post content or a link to content that infringes or violates someone else’s intellectual property or other proprietary rights, or that discloses or aids in the disclosure of someone else’s confidential information.
- Post content or a link to content containing malicious content, including without limitation viruses, malware, or spyware.
- Harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including without limitation Enchanted Pixel’s employees and customer service representatives.
- Impersonate any other person, including without limitation an Enchanted Pixel employee.
5. Commercial Activity
You agree that you will not, under any circumstances:
- Use the Services for any unauthorized commercial purpose, including but not limited to (1) communicating a commercial advertisement or facilitating a commercial transaction, including without limitation spamming other players; (2) offering or soliciting Accounts or Virtual Items for sale or transfer; or (3) soliciting donations or contributions to any personal or charitable cause.
- Use the Services for performing in-game services, such as power-leveling and item-collection services, in exchange for payment outside the Services.
6. Unauthorized Use of or Connection to the Services
You agree that you will not, under any circumstances:
- Design, use, distribute, or sell cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party or other software designed to modify or interfere with the Services or any Enchanted Pixel game experience.
- Institute, execute, assist, encourage, or become involved in any type of attack on the Services, including without limitation distribution of malware, making a denial-of-service attack, or any other attempt to disrupt the Services or any other person’s use or enjoyment of the Services.
- Try to gain unauthorized access to the Services, Accounts registered to others, or to any computer or server used to offer or support the Services or any Enchanted Pixel game environment or network connected to the Services by any means other than the user interface provided by Enchanted Pixel, including without limitation by circumventing or modifying or causing to be modified, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, file, or software that is part of the Services.
- Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by Enchanted Pixel.
- Use any unauthorized third-party or other software that accesses, intercepts, “mines,” or otherwise collects information from or through the Services or that is in transit from or to the Services, including without limitation any software that reads areas of RAM or streams of network traffic used by the Services to store information about Enchanted Pixel game characters, elements, or environments. Enchanted Pixel may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
- Intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server, or the Services, whether through the use of a network analyzer, packet sniffer, or any other tools.
- Make any automated use of the Services or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
- Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data.
- Interfere or try to interfere with the proper functioning of the Services, or connect to or use the Services in any way not expressly permitted by the Terms of Service, Feature Terms, or these Rules, including without limitation disrupting, overburdening, or assisting in the disruption or overburdening of the Services.
- Make improper use of Enchanted Pixel’s customer support services, including by submitting false abuse reports or using profane or abusive language in communications with our support personnel.
- Except where permitted by law or relevant open source licenses, modify, reverse engineer, decompile, disassemble, decipher, or otherwise try to derive the source code from us, or to obtain any information from the Services using any method not expressly permitted by Enchanted Pixel.
- Copy, modify, or distribute content from any Enchanted Pixel game, site, or Service or content protected by Enchanted Pixel’s copyrights, trademarks, or other intellectual property rights, or use any method to copy or distribute any content in the Services except with Enchanted Pixel’s written permission.