1 About these terms
1.2 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
1.3 You can access these terms at any time at pixelwizards.ca/legal. We can make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our Services shall confirm your acceptance of the updated terms.
2 About accessing and using our Services
2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 We have the right to withdraw or modify one or more of our Games or any other part of our Services (in whole or in part) without liability to you from time to time:
for technical reasons (such as technical difficulties experienced by us or on the internet);
to allow us to improve user experience;
where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Games or Services);
because it no longer makes business sense for us to provide the relevant Game or Service; or because we have altered the services we provide.
2.4 There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
2.5 Paying for items on our Website The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor
to fulfill your order immediately at the point of purchase.
3.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.
3.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.4 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.5 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).
4 Virtual Goods and Virtual Money
4.1 Our Games may include virtual currencies such as coins, gems, gold coins and points (“ Virtual Money”) or items or services for use with our Games (“ Virtual Goods”). You can buy Virtual Money from us for real money if you are at least 18 years old. If you are over 18 years old you may also be able to buy Virtual Goods for real money and/or other credits. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
4.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Goods or Virtual Money does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, the performance of our
services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
4.4 If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
4.5 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
4.6 Without limiting paragraph 3.5, if we suspend or terminate your account in accordance with paragraph 7 of these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
5 User conduct and content
5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
that is or could reasonably be viewed as invasive of another’s privacy;
that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
which infringes any intellectual property right or other proprietary right of others;
which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You agree that you will not:
use our Services to harm anyone or to cause offence to or harass any person;
create more than one account per platform to access our Services;
use another person or entity’s email address in order to sign up to use our Services;
use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
disguise, anonymise or hide your IP address or the source of any Content that you may upload;
use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
interfere with or disrupt our Services or servers or networks that provide our Services;
attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Money or Virtual Goods;
disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
disobey any requirements or regulations of any network connected to our Services;
use our Services in violation of any applicable law or regulation;
use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
use our Services in any other way not permitted by these terms. If you are concerned that someone else is not complying with any part of these terms, please contact us here: firstname.lastname@example.org.
5.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaPixel Wizards to do so.
5.8 You are solely responsible for your interactions with other users of our Services.
6 Playing our Games with other users
6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to (i) choose to play against another user or to play socially with another user whom Pixel Wizards selects for you, or (ii) play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where Pixel Wizards selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your location or level you have reached in the Game).
6.3 By accessing and/or playing those of our Games which allow you to play against an opponent or to play socially with others, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must already know your email address themselves in order to search for you.
7 Your breach of these terms
7.1 We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 5.4 or 5.5 are likely to be considered material breaches.
7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
8 Disclaimer and release
8.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
8.2 For any losses or harm (other than those mentioned in paragraph 8.1), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
8.3 We are not responsible for:
losses or harm not caused by our breach of these terms or negligence; or
losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
technical failures or the lack of availability of our website, Games, and/or social media channels where these are not within our reasonable control.
8.4 We will provide our Services with the same skill and care as other similar website or games providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services and we are not responsible or liable for any interruptions or errors that you may experience while accessing our Services.
8.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.
9 Intellectual property
9.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
9.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else.
9.3 You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
9.4 In particular, and without limiting the application of paragraph 9.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
9.5 By submitting Content (as defined in paragraph 5.3) via our Services you:
are representing that you are fully entitled to do so;
grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
9.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to email@example.com:
a description of the intellectual property rights and an explanation as to how they have been infringed;
a description of where the infringing material is located;
your address, phone number and email address;
a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.
By using our Services, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree
10.2 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our Services to.
If you play our Games and you agree to allow them to interact with a social network you are giving us permission to use your email address and any
other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us
permission to help your contacts on that network find you so that you can play socially. This is intended to make our Games more enjoyable
for you and others that play our Games on that social network. If you do not agree to these practices you should not allow our Games to interact with your social network.
They may for example be used to help us recognise your computer and to ensure that your account is accessed by the person that inputs the correct
12 Transferring these terms
12.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
13 Entire agreement
13.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.
14 Changes to these terms
14.1 You can find these terms at any time by visiting pixelwizards.ca/legal. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
15.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
16 Waivers of our rights
16.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
17 Complaints and dispute resolution
17.1 Most concerns can be solved quickly by contacting us at firstname.lastname@example.org. In the unlikely event that we cannot solve your concern and you wish to
bring legal action against us these terms shall be governed by and construed in accordance with the laws of British Columbia, Canada.
18 Questions about these terms
18.1 If you have any questions about these terms or our Services you may contact us by email at email@example.com. These terms were last updated on November 4, 2015.
© Pixel Wizards, supermegawesome, the super hero character logo, “pixelwizards.ca” is a registered trade mark of Pixel Wizards Inc. All rights reserved.
2 About us
2.1 We are a company called Pixel Wizards, Inc. We are registered in British Columbia, Canada.
3 Information we collect about you, and how we collect it
3.1 We may collect and process the following data about you:
information that you provide us with when you fill in forms when accessing and/or using our Services, or when you create an account with us;
details of your use of our Services and the resources that you access (for example, information about how and when you play our Games or visit our Website, what device you use to access our Services or, details regarding profile visits, as set out in the section entitled “Pixel Wizards Profile” in paragraph 6, below);
the content of messages sent using our messaging system known as Pixel Wizards Chat (please see the section entitled “Pixel Wizards Chat” in paragraph 6, below);
if you contact us or respond to messages and communications that we send to you, we may keep a record of that correspondence;
your interactions with us on our social media channels such as Facebook and Twitter;
we may obtain information about you from third parties who hold data about you and who agree to share this data with us; and
to allow us to recognise you and your device, for example by identifying your IP address;
to allow our Services to interact with a third party social network or platform (where you have chosen to allow such interaction);
to allow our payment processors to process your payment instructions;
to enable us and third parties to provide you with more customized services, for example to provide our services in the correct language or to enable the provision of more relevant advertising to you; and
4 How will we use your Personal Information?
4.1 You agree that we (or a supplier or group company acting on our behalf and only under our instructions) may use your Personal Information for the purposes of:
contacting you, for example as part of our customer support or to send you updates about our Services;
managing your account and relationship with us and improving your experience when you use our Services;
improving our Services, for example by helping us fix bugs or by providing Services updates;
research, surveying, and engaging with you, for example by sending you communications (including by email) for these purposes;
marketing and promotion of our Services or related products, for example sending you communications (including by email) for these purposes on our, or a third party’s behalf. For example, we might send you information about merchandise relating to our Services If you do not want us to use your data in this way please let us know by contacting us at firstname.lastname@example.org;
to personalise and optimise our Services, promotional content and advertising to you. For example, we may use the information we collect through cookies, ad identifiers and similar technologies to show you ads you may be interested in. If you do not want us to use your data in this way, you can opt-out by following the steps at section 3 above;
to create reports, analysis or similar services for use by us for the purposes of research or business intelligence, for example to track potential problems or trends with our Services;
preventing cheating, crime or fraud. We may also need to pass your information to fraud prevention agencies and other organisations involved in crime and fraud prevention;
if you live in the European Union, for the purpose of providing VAT invoices where we are required to do so by law or where requested by you; and
5 Will we share your Personal Information with third parties?
5.1 We will only share your data with third parties (for example, our group companies or suppliers):
as reasonably necessary in order to provide the Services to you (for example, by providing your Personal Information to suppliers we may use to fulfil the Services or to communicate with you);
where it is necessary to carry out your instructions (for example, to process a payment instruction we must provide your Personal Information to our payment processors);
where your data is on an anonymous and aggregated basis, meaning you could not be personally identified from it;
when you submit information as part of a competition or otherwise interact with our social media channels (for example, by providing a testimonial about one of our Services) we may publish the information you submitted, alongside your name and home country on our website(s) and social media channels;
as we reasonably believe is permitted by law or regulation;
in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and/or any other agreement with you; or to protect the rights, property, or safety of Pixel Wizards, our users, or others;
6 Interaction with social networks or platforms
6.1 You may allow our Services to interact with third party social networks or platforms (such as Facebook or Apple’s Game Center), which will provide data about you to us. These applications or websites are created and maintained by a third party which is not a part of, or controlled by Pixel Wizards. You should ensure that you read their terms of service and privacy policies to understand how they treat your data and what data they might share with us. You understand that where you allow our Services to interact with any third party social network or platform, we may share data about you with your contacts and other users of our Services (and vice versa) in order that you may enjoy playing socially (the “Social Data”). This Social Data may include your name, your social media profile picture, your activity status (including the time and date you last used our Services) and your scores and/or progress in our games. You can make changes to what data a third party social network or platform shares with us, or stop our Services interacting with that social network or platform by adjusting your settings with that third party provider, however you may find you are not able to enjoy all of the same features of our Services. Pixel Wizards Profile Users of our Services may be automatically assigned a profile which is visible to other users of our Services, some of whom may be visible to you on the progression map, leaderboards or similar features in our Games. Your profile may include the Social Data described above, game achievements or other game play information and details of which other Pixel Wizards account holders have viewed your profile. Your profile will be visible to other users of our Services. In certain of our Services, if you choose to view another individual’s profile, that individual and other users of our Services will know that you have visited them because some of your Social Data and a link to your profile will be displayed on that individual’s profile. They may also be able to visit your profile.
7 For how long will we retain your information?
8 Will we transfer your Personal Information overseas?
9 How do we protect your Personal Information?
9.1 The security of your Personal Information is very important to us. We maintain appropriate technical and physical safeguards to protect your Personal Information against accidental or unlawful destruction or loss, alteration, unauthorised disclosure or access, use and all other unlawful forms of processing of the data in our possession. However, since the internet is not a completely secure environment we cannot guarantee that information you transmit via our Games will not be accessed, disclosed, altered or destroyed by breach of any of our safeguards.
10 Links from our Services
11 Your rights in relation to your Personal Information
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at email@example.com – we may make a small charge for this.
We want to make sure that your Personal Information is accurate and up to date. You may ask us to modify, correct or remove information by contacting us at the email address above.
Information that you have shared via our Services on any social network or third party platform cannot be amended or deleted by us where it is in the control of that social network or third party platform. In addition, where any third party copies information which you have made available via the use of our Services (for example, one of your friends on a social network you allow to interact with your account), we may not be able to amend or delete it because it may not be in our control.
You have the right to ask us not to use your Personal Information for marketing purposes. To change your marketing preferences, or to unsubscribe, please contact us at firstname.lastname@example.org
12 How to contact us
12.1 To find out more about how your Personal Information will be used please contact us by email at the address above.
13.1 We hope that you won’t have any complaints about us or our Services. If you are unhappy with our use of your Personal Information then please contact our customer services department by emailing email@example.com You also have the right to complain to your local data protection authority if there is a problem.
14 Legal matters