THIS IS A BINDING LEGAL CONTRACT BETWEEN YOU AND PIXEL ALMOST PERFECT. PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE INSTALLING, ACCESSING OR UTILIZING THE SOFTWARE YOU HAVE JUST PURCHASED. BY INSTALLING, COPYING AND/OR OTHERWISE USING THE SOFTWARE, AND EACH TIME YOU ACCESS THE SOFTWARE, YOU ARE SIGNIFYING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF, AND COMPLIANCE WITH, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE. If you have any questions about this Agreement, you can reach Pixel Almost Perfect on Discord at https://discord.gg/PgdUQRY.
For clarity, this Agreement is between you and Pixel Almost Perfect only, and not between you and any of Pixel Almost Perfect's licensors, including without limitation Microsoft, Sony or any of their affiliates.
If you are not eighteen (18) years of age or over, you must have your parents or legal guardian review and approve this Agreement on your behalf. Your consent to this Agreement and use of the Software signifies that you have received the specific permission of your parent or legal guardian.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, Pixel Almost Perfect hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable right and license to install and use one (1) copy of the Software solely and exclusively for your personal and non-commercial use for gameplay on a single game platform (e.g., computer, mobile device, or gaming console) that you own or control or, if you obtained the Software through the PlayStation Network ("PSN"), then on a system to which the Software is delivered by the PSN. For clarity, the foregoing does not prohibit you from installing and using an additional copy of each Game on a different game system. This Agreement shall also apply to any patches or updates you may obtain for the Software. DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
3. UPDATES AND PATCHES
Pixel Almost Perfect may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software. Pixel Almost Perfect may update the Software remotely without notifying you, and you hereby consent to Pixel Almost Perfect applying patches, updates, and upgrades. Pixel Almost Perfect may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software at any time. You acknowledge that your use of the Software does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software, including but not limited to (where applicable) any in-game rewards, trophies, achievements, character levels, Virtual Currency, or Virtual Goods. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software may cease to be available to you at any time without notice from Pixel Almost Perfect, including without limitation after a patch, update, or upgrade is applied by Pixel Almost Perfect. Pixel Almost Perfect does not have any maintenance or support obligations with respect to the Software.
4. PIXEL ALMOST PERFECT'S OWNERSHIP OF THE SOFTWARE AND PROPRIETARY MATERIALS
The Software contains copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the "Proprietary Material"). All intellectual property rights to the Proprietary Material, including without limitation patent, copyright, trademark and trade secret rights, are owned and/or licensed by Pixel Almost Perfect. You: (A) agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of Pixel Almost Perfect; and (B) may not reverse engineer, disassemble, decompile, or translate any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs, except that the foregoing restrictions on copying or reverse engineering does not apply to the extent prohibited by applicable law. No Proprietary Material, or any portion thereof, may be modified or used for any purpose other than as expressly authorized in these Terms. The Proprietary Material may include materials licensed by Pixel Almost Perfect from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY PIXEL ALMOST PERFECT AND ITS LICENSORS OR SUPPLIERS.
5. NO SALE OR ASSIGNMENT
Pixel Almost Perfect does not recognize the transfer of the Software, with the exception of Virtual Currency and Virtual Goods as defined in (and in accordance with) Section 7 below. Other than as set forth in Section 7, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of Pixel Almost Perfect. Any attempt to do so shall be void and of no effect. Pixel Almost Perfect allows you the limited ability to trade Virtual Currency and Virtual Goods with other users who lawfully possess the Software under conditions provided with the Virtual Currency and Virtual Goods.
6. LICENSE RESTRICTIONS
(i) exploit the Software or any of its parts, including, but not limited to, for-profit exploitation at a cyber (Internet) cafe, computer gaming center, or any other location-based site, but excluding purely not-for-profit use in which no compensation in the form of payment or benefit is received;
(ii) use the Software or permit the use of the Software, on more than one computer, game console, mobile device, handheld device or PDA at the same time by the same user account;
(iii) use the Software, or permit use of the Software, or make the Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(iv) sell, rent, lease, license, distribute or otherwise transfer this Software or any copies;
(v) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of Pixel Almost Perfect and/or its licensors on creation, in any event);
(vi) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software;
(vii) export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations;
(viii) create data or executable programs which mimic data or functionality in the Software;
(ix) use the part of the Software which allows you to construct new variations ("Editor") (1) to create new levels which can be used otherwise in connection with the Software; (2) to modify any executable file; (3) to product any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party; (4) to use the trademarks, copyright or intellectual property rights of any third party; or (5) to create content which is then commercially exploited by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editor;
(x) use the Software to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights,
(xi) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other games modes;
(xii) copy, reproduce, distribute, display, or use the Software in a way that is not expressly authorized in this Agreement.
(B) The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Software and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Software, or any portions or components thereof, including any violations of this Agreement. Pixel Almost Perfect reserves the right to monitor use of the Software at any time. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Pixel Almost Perfect may limit, suspend, or terminate the license granted hereunder and access to the Software, including, but not limited to, any related services and products, at any time without notice for any reason whatsoever. If you do not agree to such measures or at any time you remove, disable, or otherwise directly or indirectly circumvent such measures, the license granted to you hereunder shall immediately terminate and you may not make use of the Software.
(C) You agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Software.
7. VIRTUAL CURRENCY AND VIRTUAL GOODS
If the Software allows you to purchase and/or earn through play a license to use Virtual Currency and Virtual Goods, the following additional terms and conditions apply.
(A) The Software may enable users to (i) use fictional virtual currency as a medium of exchange exclusively within the Software ("Virtual Currency" or "VC"); (ii) gain access to (and certain limited rights to use) virtual goods within the Software ("Virtual Goods" or "VG"); and (iii) barter or exchange VC and VG with other users of the Software. Regardless of the terminology used, VC and VG represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this Agreement, Pixel Almost Perfect hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited and revocable right and license to use VC and VG obtained by you for your personal non-commercial gameplay exclusively within the Software. Except as otherwise prohibited by applicable law, VC and VG obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to VC and VG is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in VC and VG.
VC and VG do not have an equivalent value in real currency and do not act as a substitute for real currency. You are prohibited from converting VC and VG into a unit of value outside of the Software, such as actual currency or actual goods. You acknowledge and agree that Pixel Almost Perfect may revise or take action that impacts the perceived value of or purchase price for any VC and/or VG at any time except as prohibited by applicable law. VC and VG do not incur fees for non-use; provided, however, that the license granted hereunder to VC and VG will terminate in accordance with the terms and conditions of this Agreement and the Software documentation, when Pixel Almost Perfect ceases providing the Software, or this Agreement is otherwise terminated. Pixel Almost Perfect, in its sole discretion, reserves the right to charge fees for the right to access or use VC or VG and/or may distribute VC or VG with or without charge.
(B) You may have the ability to purchase VC or to earn VC from Pixel Almost Perfect for the completion of certain activities or accomplishments in the Software. For example, Pixel Almost Perfect may provide VC or VG upon the completion of an in-game activity, such as attaining a new level, completing a task, or creating user content. Once obtained, VC and/or VG will be credited to your user account ("User Account"). You may purchase VC and VG only within the Software, or through a platform, participating third-party online store, application store, or other store authorized by Pixel Almost Perfect (all referred to herein as "Software Store"). Purchase and use of in-game items or currency through a Software Store are subject to the Software Store's governing documents, including but not limited to, the Terms of Service and User Agreement. This online service has been sublicensed to you by the Software Store. Pixel Almost Perfect may offer discounts or promotions on the purchase of VC, and such discounts and promotions may be modified or discontinued by Pixel Almost Perfect at any time without notice to you. Upon completing an authorized purchase of VC from a Software Store, the amount of purchased VC will be credited to your User Account. Pixel Almost Perfect shall establish a maximum amount you may spend to purchase VC per transaction and/or per day, which may vary depending on the associated Software. Pixel Almost Perfect, in its sole discretion, may impose additional limits on the amount of VC you may purchase or use, how you may use VC, and the maximum balance of VC that may be credited to your User Account. You are solely responsible for all VC purchases made through your User Account regardless of whether or not authorized by you.
(C) You can access and view your available VC and VG in your User Account when logged into your User Account. Pixel Almost Perfect reserves the right, in its sole discretion, to make all calculations regarding the available VC and VG in your User Account. Pixel Almost Perfect further reserves the right, in its sole discretion, to determine the amount of and manner in which VC is credited and debited from your User Account in connection with your purchase of VG or for other purposes. While Pixel Almost Perfect strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Pixel Almost Perfect's determination of the available VC and VG in your User Account is final, unless you can provide documentation to Pixel Almost Perfect that such calculation was or is intentionally incorrect.
(D) All purchased in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game's rules applicable to currency and goods, which may vary depending on the associated Software. VC and VG may only be used within the Software, and Pixel Almost Perfect, in its sole discretion, may limit use of VC and/or VG to a single game. The authorized uses and purposes of VC and VG may change at any time. Your available VC and/or VG as shown in your User Account will be reduced each time you use VC and/or VG within the Software. The use of any VC and/or VG constitutes a demand against and withdrawal from your available VC and/or VG in your User Account. You must have sufficient available VC and/or VG in your User Account in order to complete a transaction within the Software. VC and/or VG in your User Account may be reduced without notice upon the occurrence of certain events related to your use of the Software. You are responsible for all uses of VC and/or VG made through your User Account, regardless of whether or not authorized by you. You must notify Pixel Almost Perfect immediately upon discovering the unauthorized use of any VC and/or VG made through your User Account by submitting a request to mailto:firstname.lastname@example.org
(E) VC and VG may only be redeemed for in-game goods and services. You may not sell, lease, license, or rent VC or VG. VC and VG may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Pixel Almost Perfect or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. VC and VG have no cash value, and neither Pixel Almost Perfect nor any other person or entity has any obligation to exchange your VC or VG for anything of value, including, but not limited to, real currency.
(F) All purchases of VC and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Pixel Almost Perfect has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such VC and/or VG as it sees fit in its sole discretion, and Pixel Almost Perfect shall have no liability to you or anyone else for the exercise of such rights.
(G) Any transferring, trading, selling, or exchanging of any VC or VG to anyone, other than in gameplay using the Software as expressly authorized by Pixel Almost Perfect ("Unauthorized Transactions"), including, but not limited to, among other users of the Software, is not sanctioned by Pixel Almost Perfect and is strictly forbidden. Pixel Almost Perfect reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your VC and VG and terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to indemnify and hold harmless Pixel Almost Perfect, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses and expenses arising directly or indirectly from such actions. You acknowledge that Pixel Almost Perfect may request that the applicable Software Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the Software. If Pixel Almost Perfect believes or has any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Pixel Almost Perfect may, in its sole discretion, restrict your access to your available VC and VG in your User Account or terminate or suspend your User Account and your rights to any VC, VG, and other items associated with your User Account.
(H) VC is only available to customers in certain locations. You may not purchase or use VC if you are not in an approved location.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(A) NOTHING IN THIS AGREEMENT WILL PREJUDICE THE STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS SET FORTH IN THIS SECTION. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, NEITHER PIXEL ALMOST PERFECT, NOR ITS LICENSORS OR SUPPLIERS, WARRANTS THAT THE SOFTWARE OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE; (v) WILL OPERATE PROPERLY; OR (vi) WILL MEET YOUR REQUIREMENTS.. TO THE FULLEST EXTENT ALLOWED BY LAW, PIXEL ALMOST PERFECT DISCLAIMS ALL REPRESENTATIONS, TERMS, WARRANTIES, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SYSTEM INTEGRATION, ACCURACY OR COMPLETENESS, TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, AUTHORITY, NON-INFRINGEMENT, RESULTS, REASONABLE CARE, AND WORKMANLIKE EFFORT, WHETHER ALLEGED TO ARISE UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPATIBLE STATUTE IS EXPRESSLY DISCLAIMED.
(B) NEITHER PIXEL ALMOST PERFECT, NOR ITS LICENSORS OR SUPPLIERS, IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SOFTWARE. UNDER NO CIRCUMSTANCES WILL PIXEL ALMOST PERFECT OR ITS LICENSORS OR SUPPLIERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE, ANY USER-GENERATED CONTENT POSTED ON THE SOFTWARE, OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
(C) THE SOFTWARE IS CONTROLLED AND PROVIDED BY PIXEL ALMOST PERFECT FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. TO THE EXTENT PERMISSIBLE BY APPLICABLE LOCAL LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PIXEL ALMOST PERFECT MAKES NO REPRESENTATION THAT THE SOFTWARE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
(D) BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT PERMITTED UNDER LOCAL LAW.
(E) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PIXEL ALMOST PERFECT, ITS PARENT, SUBSIDIARY, AND AFFILIATED COMPANIES (AND EACH OF THEIR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) (EACH INDIVIDUALLY, A "PIXEL ALMOST PERFECT PARTY," AND COLLECTIVELY, THE "PIXEL ALMOST PERFECT PARTIES") SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON, WHETHER UNDER CONTRACT OR OTHERWISE, FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, AND/OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $1,000 OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO PIXEL ALMOST PERFECT (OR TO A THIRD-PARTY PLATFORM THAT PROVIDED YOU WITH ANY GAMES) IN CONNECTION WITH THE SOFTWARE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND PIXEL ALMOST PERFECT'S REASONABLE CONTROL.THE FOREGOING LIMITATION SHALL BE APPLICABLE EVEN IN THE EVENT OF A PIXEL ALMOST PERFECT PARTY'S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF A PIXEL ALMOST PERFECT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PIXEL ALMOST PERFECT CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER-GENERATED CONTENT OR ANY INTERRUPTIONS OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANYTHING WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, DEATH OR PERSONAL INJURY ARISING THROUGH NEGLIGENCE OR FOR FRAUD. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
This Section only applies to the extent permitted by law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs and expert witnesses' fees) that are the stated subject matter of the indemnification obligation below.
You agree to defend, indemnify and hold harmless the Pixel Almost Perfect Parties , from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees, costs, and expert witnesses' fees) arising from: (A) your use of the Software; (B) any claim, that, if true, would constitute your violation of any of the terms of this Agreement or negligence; (C) your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right; or (D) any claim that your User-Generated Content caused damage to a third-party. You agree to reimburse Pixel Almost Perfect on demand for any defense costs incurred by Pixel Almost Perfect and any payments made or loss suffered by Pixel Almost Perfect, whether in court judgement or a settlement, based on any matter covered by this Section 9.
10. U.S. GOVERNMENT MATTERS AND INTERNATIONAL USE
The Software is a "Commercial Item" (as defined at 48 C.F.R. S 2.101), consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" (as used in 48 C.F.R. S 12.212 or 48 C.F.R. S 227.7202, as applicable). The software is being licensed to U.S. government end users only as a Commercial Item and with only those rights as are granted to other licensees under this Agreement.
The provisions of Sections 1, 3, 4, 5, 6, 8, 9, 10 (with respect to rights and obligations at and after termination and the surviving provisions of this Agreement), 11, 12, and 13 survive any termination of this Agreement.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
You hereby agree that if the terms of this Agreement are not specifically enforced, Pixel Almost Perfect will be irreparably damaged, and therefore you agree that Pixel Almost Perfect shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect any of this Agreement, including temporary and permanent injunctive relief, in addition to any other available remedies.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by Pixel Almost Perfect to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision. You agree that this Agreement does not convey any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
Pixel Almost Perfect may assign this Agreement, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Pixel Almost Perfect's express prior written consent. Pixel Almost Perfect's performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of Pixel Almost Perfect's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Software or information provided to or gathered by Pixel Almost Perfect with respect to such use. In addition to any excuse provided by applicable law, Pixel Almost Perfect shall be excused from liability for non-delivery or delay in delivery of the Software arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. The parties agree that all correspondence relating to this Agreement shall be written in the English language.
Notwithstanding the foregoing, if (and only if) you are using or accessing the Software in the European Union, the following applies: This Agreement shall be construed under the laws of England and Wales. You agree that any claim asserted in any legal proceeding by you or Pixel Almost Perfect in connection with these Terms shall be commenced and maintained in any court of competent jurisdiction in London, England, and you and Pixel Almost Perfect each agree to submit to the personal jurisdiction of such court.
You and Pixel Almost Perfect acknowledge and agree that the following are intended third-party beneficiaries of this Agreement:
• Sony Computer Entertainment, Inc.
• Sony Computer Entertainment America,
• Sony Computer Entertainment Europe Ltd.
There are no other third-party beneficiaries of this Agreement.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
"Personally Identifiable Information" is information that can be used, either on its own or together with other information, to uniquely identify you or from which you can be identified such as your name, email address, certain demographic information (such as age, gender and ZIP code), or credit card number.
(1) What types of information does Pixel Almost Perfect collect and how will it be used?
Pixel Almost Perfect will only use your Personally Identifiable Information to provide you with Pixel Almost Perfect products and services, or to communicate with you about such products and services. If you choose to make content or a document public, we recommend you redact any and all references to people and addresses, as we can't protect public data and we are not responsible for any violation of privacy law you may be liable for.
The following information is automatically collected when you use our game services: IP address, unique platform-specific identifier, unique identifier specifically for your Services account. We also may collect additional information including, the type of operating system, gameplay attempts, progression and results, country of your device, and identification of crashes and defects. We process the data to operate, improve, understand and personalize our Services. Specifically, we use the data to, create and manage user accounts, provide support and assistance for the Services, fulfill user requests, comply with our legal or contractual obligations, and protect against or deter fraudulent, illegal or harmful actions.
We employ industry standard techniques to protect against unauthorized access of data about you that we store, including Personally Identifiable Information.
This information is collected during game registration, or other online information service we may offer, or when contacting us. Our Services contain links through which an online user can contact us. We collect Personally Identifiable Information contained in this communication for the purpose of responding to a user's questions and/or comments.
We may also collect Personally Identifiable Information from third parties (for example, from social media platforms) and other publicly available sources. We do this to interact with you on social media platforms, help support our marketing initiatives, and improve our Services. Your privacy settings on the third party's platforms control what information they share with us (for example, your username, country, the number of your followers, and other information you have made available on the platform). Please make sure you're comfortable with what they might share by reviewing their privacy policies, and if applicable, updating your privacy settings directly on their platform.
No matter what method we use to collect Personally Identifiable Information and no matter how we use that information, we will only collect the information deemed reasonably necessary to fulfill your online requests and our legitimate business objectives (provided that, on balance, these legitimate business objectives do not prejudice your own privacy) or otherwise permitted by applicable law.
(2) Children's Privacy
Pixel Almost Perfect's Services are intended to be appropriate for general audiences and are not directed to children (usually considered to be under 13, depending on where you reside). Pixel Almost Perfect does not intentionally collect personal information from children without seeking any required parental approval in accordance with applicable legal and regulatory obligations, such as the U.S. Children's Online Privacy Protection Act ("COPPA").
If a user indicates to us that they are a COPPA minor, we'll require that user to complete a parental approval process before continuing to access the relevant Pixel Almost Perfect Services. This process is designed to notify parents that their child has requested access to the Pixel Almost Perfect Services, inform them about Pixel Almost Perfect's privacy practices, offer them the opportunity to approve Pixel Almost Perfect's collection and use of their child's information as described in this policy, and describe the controls that we make available to them.
Parents are generally free to change or revoke the choices they've previously made and can review the personal information associated with their child or request that we delete their child's information from our systems. To submit these requests or ask us any other questions you may have about how we handle your child's personal information, please see "How to Contact Us" below.
Authorized child users otherwise have access to the same Pixel Almost Perfect Services as other users. They can generally play games (such as OctaFight), and access communications and social features.
We may collect unique device identifier information about users, without knowledge of their ages, as described in more detail elsewhere in this policy.
(3) What happens if I refuse to provide my Personally Identifiable Information to Pixel Almost Perfect?
If you choose not to submit Personally Identifiable Information when requested, you may not be able to access certain areas or portions of our Services and you may limit the products and services we can provide you or they may not be personalized based on your preferences.
We may collect technical information about your use of the Service through the use of tracking technologies and analytics. By way of example, data we may collect includes the following analytics:
how many times you access the Service;
the devices that you use to access the Service;
your internet service provider; and
the actions you take when playing the Service.
(5) With whom does Pixel Almost Perfect share my Personally Identifiable Information?
doing so is appropriate to carry out your own request or you have otherwise consented to such disclosure or otherwise permitted by applicable law;
we believe we are required to do so by law or to comply with legal process;
we believe it is needed to detect, prevent or address fraud, security or technical issues;
it is needed to protect our property, legal rights, or that of others.
The Services are operated in the United States. Specifically, if you are a resident of the European Union ("E.U."), you should be aware that your Personally Identifiable Information will be transferred outside the European Economic Area (EEA) to the United States or other countries outside the EEA, the laws of which may be deemed by the E.U. to have inadequate data protection. Information we transfer from the EEA to the United States is subject to appropriate safeguards under applicable law.
We do not share your Personally Identifiable Information with third parties except as we expressly state below:
We may aggregate and/or anonymize data about you (such that it no longer specifically identifies you as an individual identifiable person), and we may use that information and share it with third parties to help improve the Services and such third parties' products and services.
From time to time, we may employ and share your Personally Identifiable Information with vendors who use it solely to provide support and services to us (e.g., technical support and network delivery). We only authorize these entities to use your Personally Identifiable Information for the purpose of providing services to us, and these entities have agreed to maintain the confidentiality, security, and integrity of the Personally Identifiable Information they obtain from us.
(6) Corrections, Updates, Removal or Data Portability
If you wish to review, change, correct, update, or delete any Personally Identifiable Information that we may have collected about you, please contact us as set forth below in Section 10. Certain information may not be editable or deleteable.
(7) What safeguards does Pixel Almost Perfect use to protect my Personally Identifiable Information?
We maintain appropriate safeguards that ensure the security, integrity and privacy of the Personally Identifiable Information we collect from all users. Personally Identifiable Information collected by us is stored in secure operating environments that are not available to the public and are only accessible by authorized employees. We also have security measures in place to protect the loss, misuse and alteration of the information under our control.
(8) What if I am a European resident?
For this section, we use the terms "Personal Data" and "processing" as they are defined in the GDPR, but "Personal Data" generally means information that can be used to individually identify a person, and "processing" generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.
If you have any questions about this section or whether any of this section applies to you, please contact us as set forth below in Section 10.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our "legitimate interests" or the legitimate interest of others, to prevent fraud and illegal activity (including reserving the right to disclose your identity to any third party claiming violation of intellectual property, and working with console operators to assist with fraud prevention), and other processing grounds such as complying with a legal obligation, or necessary for a task carried out in the public interest. as further described below:
Other uses of your information
We keep your information confidential, but we may disclose it to group members, personnel, suppliers or subcontractors; in relation to a merger or acquisition, as required by law; or as necessary to enforce or apply the terms of agreements and protect our rights, property or safety of Pixel Almost Perfect, our customers or others.
Automated decision making
We process your personal information via automated decision-making methods in order to identify users who are in violation of our Terms of Service. Our automated decision-making methods are designed to detect violations by looking out for excessive, unusual, or negative behaviors related to activities such as using inappropriate language, bullying, and cheating.
If users are determined to be or suspected of being in violation of our Terms of Service, actions may be taken and we may block or suspend users from the Service. In this scenario the user will be notified of the outcome and will have the right to obtain human intervention to express his or her point of view and to contest the decision.
How long we retain your Personal Data
We may retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services and for 24 months after you close your account, or for longer periods, where we may retain such Personal Data according to applicable law. In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
Your rights regarding Personal Data
Under the GDPR, you have certain rights with respect to your Personal Data, including access, rectification, erasure, objection and right to file a complaint. For more information about these rights, or to submit a related request, please contact us as set forth below in Section 10.
Please note that in some circumstances, we may not be able to fully comply with your request, such as if it violates the rights of others, or if it is not required by law. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Pixel Almost Perfect's EU representative can be reached on Discord at https://discord.gg/PgdUQRY.
(9) What if I am a California resident?
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personally Identifiable Information to third parties for such third parties' direct marketing purposes. We do not share Personally Identifiable Information to third parties for such third parties' direct marketing purposes.
If you are a California resident and are not a job applicant, our employee, or employee of another company interacting with us in your job, you also have the right to ask us what personal information we have collected and shared about you, the right to request deletion of your personal information, and the right not to be discriminated against for exercising any of these rights. For more information about these rights, or to submit a related request, please contact as set forth below in Section 10.
Please note that in some circumstances, we may not be able to fully comply with your request, such as if it violates the rights of others, or if it is not required by law. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary, to verify your identity and the nature of your request.
Sale of information
We only use the personal information we collect to help provide, support, and improve Pixel Almost Perfect as described in this policy, and we do not "sell" this information to third parties as that term is defined by applicable laws.
(10) How to contact us to ask a question or file a complaint.
If you have any privacy questions, complaints or comments regarding your game account and our game services, please contact us by submitting a ticket through our customer support portal at mailto:email@example.com. If you have any privacy questions, complaints or comments regarding other non-game services such as our forums, please contact us via email at firstname.lastname@example.org. If you have general questions not related to privacy, you can visit our customer support page at mailto:email@example.com.
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