Pixelbomb, a software product, is dedicated to transforming the gaming industry by leveraging cutting-edge generative AI technology. Our platform provides a range of tools and services (collectively, the “Services”) through our website, software, and algorithms. These tools enable users to unleash their creativity and generate mind-blowing digital images and assets (known as “Generated Assets”). Join us on our journey to revolutionize the world of gaming.

1. AGREEMENT TO TERMS OF USE

Pixelbomb presents these Terms of Use, together with our Privacy Policy, which outlines our data protection practices and is available at https://pixelbomb.gg/. The Terms and Privacy Policy form a legally binding agreement between you, whether individually or on behalf of an entity (“you”), and the Company, governing your access to and use of the Pixelbomb platform and services.

Please carefully read these Terms, as they contain provisions for arbitration, which means that you and the Company will resolve disputes through individual arbitration rather than in court. Furthermore, the agreement to arbitrate limits class action claims, unless you opt out as described in Section 9 of these Terms. If you do not agree to these Terms, you are not authorized to access or use Pixelbomb’s services or platform.

The Company may update these Terms at any time for any reason and will post any changes to the “Last updated” date. It is your responsibility to regularly review the Terms to ensure your understanding of the agreement. Your continued use of Pixelbomb’s services after any updates constitutes acceptance of the revised Terms.

The information provided by Pixelbomb is intended for use by individuals or entities in jurisdictions where such use does not violate local laws and regulations. If you access Pixelbomb’s platform or use its services – you are responsible for complying with all applicable local laws. By using Pixelbomb’s services, you consent to have your login credentials and personal information processed in accordance with the restrictions outlined in our Privacy Policy.

By using Pixelbomb’s services, you represent that you are at least 18 years of age, or at least 13 years of age, and using Pixelbomb under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or legal guardian of a user under the age of 18, you are fully responsible for their actions in connection with Pixelbomb’s services. Pixelbomb’s services may be used globally, but you are responsible for ensuring that your use complies with local laws in your country

2. LOGIN DETAILS AND ACCOUNT INFORMATION

Login Details. To access certain Pixelbomb services, you may be required to create an account and provide specific information. You can do this by completing a registration form and creating a username and password, or by logging in through a third-party application. Your username, password, and login details for the third-party application are referred to as your “Login Details”. It is your responsibility to keep your Login Details secure and prevent unauthorized use. You are also responsible for all activity that occurs on your account, including financial obligations. If you suspect that your Login Details have been used without your permission, you must notify Pixelbomb immediately. Pixelbomb is not responsible for any losses or damages due to your failure to secure your Login Details. Pixelbomb reserves the right to remove, reclaim, or change your username if it is deemed inappropriate, obscene, or otherwise objectionable.

Account Information. During the registration process, you must provide accurate information about yourself, such as your name, email address, phone number, and payment account information. You must ensure that this information remains up-to-date and accurate. Pixelbomb may contact you to verify your account information and prevent fraud. If you do not provide the required information within a reasonable timeframe, Pixelbomb may suspend your access to its services.

Communication Acknowledgement. By agreeing to these terms, you consent to receive communications from Pixelbomb, including emails, text messages, push notifications, mail, and telephone calls. These communications may also include marketing materials from Pixelbomb or third parties. All electronic communications from Pixelbomb are considered to meet legal communication requirements. You may opt out of receiving communications from Pixelbomb by emailing contact@pixelbomb.gg or selecting the unsubscribe option provided in the correspondence. If you have an account, you may also opt-in to receive notifications about certain account activity. You can change your notification settings at any time through your account.

3. Pixelbomb Services and Payment Information.

Services and User-Generated Content. Pixelbomb offers you the ability to create and use Generated Assets and User Algorithms by uploading User Assets and providing descriptive input to our Services. These services referred to as “User Generated Content,” are designed for use with online games and platforms, in accordance with the license granted in Section 5.

Fees and Payment Terms. By utilizing Pixelbomb’s services, you agree to abide by our fee schedule, which will be referenced in these terms and made available on our website once we have completed our alpha testing phase.

Payments for our services may be processed through a third-party payment service, rather than directly processing your credit card information. By providing your payment information, you grant Pixelbomb the right to store and process the information with the third party, with the understanding that Pixelbomb is not responsible for any failures by the third party to protect your information. The payment process will adhere to the terms, conditions, and privacy policies of both Pixelbomb and the third-party payment service. Pixelbomb may change the third-party payment service and move your information to other providers that use transport layer security or similar security technology. Refunds and credits are granted at Pixelbomb’s discretion but are not otherwise obligated.

4. Utilizing Pixelbomb Services; Adaptations; Termination

Pixelbomb reserves the right to adapt and update our services at any time, adding or removing features without prior notice. We will make an effort to give you adequate warning of significant changes, however, our services may be discontinued or altered without prior notice. If you’re not satisfied with our services or terms, please reach out to us at contact@pixelbomb.gg. Your sole remedy in such a case would be to stop using Pixelbomb services.

We may suspend or discontinue Pixelbomb services in part or in whole at any time, for any reason without notice. Our services may also become temporarily unavailable due to technical issues or maintenance. To use Pixelbomb services, you must have a computer with internet access or a mobile device with a browser. You will be responsible for securing any hardware, software, or other materials necessary for using Pixelbomb services.

Pixelbomb may terminate your access to our services at any time, without notice, and for any reason. In case you have provided us with your email, we will make an effort to provide electronic notice. You agree that Pixelbomb will not be held liable for any termination of access to our services.

You have the option to terminate these terms at any time by ceasing to use Pixelbomb services and closing your account. Instructions on how to close your account can be provided and may change over time. The following sections of these terms and any accumulated obligations will survive any termination of these terms: 3 (to the extent payable), 4, 5, 8, and 9, and any related definitions.

5. Pixelbomb Intellectual Property Rights:

Ownership: You acknowledge that Pixelbomb holds all rights, title, and interest in and to the services, including all source code, databases, functionality, software, website designs, audio, video, text, images, photographs, graphics, and any combination thereof that make up the content. The services, content, and trademarks are protected by copyright and trademark laws and various intellectual property rights, and unfair competition laws. You may not copy, reproduce, or use the services, content, or trademarks for any commercial purpose without Pixelbomb’s express written permission.

License to Use: Pixelbomb grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the services for generating and creating user-generated content. You may download or print a copy of your user-generated content. This license will be revoked if you violate these terms. Pixelbomb may upgrade the services from time to time and these terms will apply to all upgrades.

No Implied Licenses: The content of the services may not be construed as granting any license or right to use it without Pixelbomb’s express written permission or the written permission of the third-party owner.

User Assets: You are solely responsible for your user assets and must ensure that they do not infringe on any third-party intellectual property rights or violate any laws or regulations. You grant Pixelbomb a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free license to use your user assets.

User-Generated Content: You grant Pixelbomb a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free license to use your user-generated content. Pixelbomb may allow any third party to use your user-generated content. Pixelbomb does not guarantee that your user-generated content does not infringe on any third-party intellectual property rights.

Suggestions: If you send Pixelbomb any feedback, ideas, or suggestions, they become Pixelbomb’s property and you will not be compensated. Pixelbomb may use or redistribute your suggestions for any purpose and there is no obligation for Pixelbomb to review or keep them confidential.

Pixelbomb’s Copyright Protection and DMCA Policy. If you believe that any material used on Pixelbomb’s services infringes upon your copyright, you may request that it be removed. This request must include the signature of the copyright holder or their agent and should contain the following information: (a) details about the copyrighted work that you believe has been infringed, including a description and a copy of the work or its location on an authorized platform; (b) details about the infringing material, including its description and its location on Pixelbomb’s platform; (c) your name, address, phone number, and email; (d) a statement declaring your good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; (e) a statement confirming the accuracy of the information in your request; and (f) a declaration, under penalty of perjury, that you are the lawful copyright owner or authorized to act on their behalf. To protect the rights of copyright owners, Pixelbomb reserves the right to suspend accounts, delete or disable infringing content, and/or terminate the accounts of repeat infringers.

Pixelbomb’s Privacy Policy. Our Privacy Policy, which may be updated periodically in accordance with its terms, outlines the collection, usage, and disclosure of data by Pixelbomb in connection with our services. By using our services, you agree to the collection, usage, and disclosure practices described in the policy.

6. User Conduct and Prohibited Actions in Pixelbomb

General Conditions. By using Pixelbomb’s Services, you agree to only use it for lawful purposes and to comply with all applicable terms and conditions. Pixelbomb reserves the right to terminate your access to the Services without prior notice and at its sole discretion if it determines that your use violates these terms.

Unauthorized Use and Access. You agree not to, and not to allow any other person or entity to (a) Use Pixelbomb’s Services for any unfair, deceptive, or illegal practices or in violation of any federal, state, local, or foreign laws and regulations. (b) Engage in fraudulent, malicious, tortious, or negligent behavior when using Pixelbomb’s Services. (c) Damage, disable, overburden, impair, or interfere with the use of Pixelbomb’s Services by others. (d) Attempt to obtain information not intentionally made available through Pixelbomb’s Services. (e) Gain unauthorized access to any computer system through Pixelbomb’s Services. (f) Circumvent or interfere with security features of Pixelbomb’s Services, such as those that prevent copying or limit use. (g) Introduce harmful viruses or code to Pixelbomb’s Services. (h) Use automated means to access, retrieve, or index any portion of Pixelbomb’s Services or its content. If you inadvertently gain access to information not intended for you, you must immediately notify Pixelbomb and destroy all copies of such information.

Prohibited Content and Activities. You agree not to, and not to authorize or facilitate any attempt by others to use Pixelbomb’s Services to (a) Transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, or otherwise objectionable, as determined by Pixelbomb. (b) Use names or language that Pixelbomb considers offensive. (c) Post, transmit, or create defamatory statements. (d) Post, transmit, or create content that is hateful, offensive, or disparages any group based on ethnicity, race, gender, religion, etc. (e) Post, transmit, or create content promoting illegal drugs. (f) Post, transmit, or create content that depicts or glorifies violence. (g) Post, transmit, or create content that infringes another’s copyright, trademark, or trade secret. (h) Post, transmit, or create unsolicited advertising or promote products or services illegally. (i) Harass, threaten, bully, stalk, or cause distress to others. (j) Participate in multi-level marketing or pyramid schemes. (k) Exploit children under 18 years of age. (l) Engage in disruptive activities such as monopolizing a forum. (m) Invade the privacy of others by posting private information without their consent. (n) Solicit personal information from children under 13 years of age. (o) Create false identities or impersonate others. (p) Encourage conduct that would be a criminal or civil offense. Pixelbomb reserves the right to consider other conduct as prohibited. You also agree not to post any prohibited content to Pixelbomb’s social media accounts.

Pixelbomb Property Protection. You acknowledge that the design, organization, and technology utilized in connection with our Services are unique to Pixelbomb. You agree not to, nor allow any third party to (a) use our Services for the benefit of any other individual or entity on a time-sharing basis or similar; (b) modify, enhance, or create derivative works of our Services or any Content accessible through it; (c) reverse engineer, disassemble, or attempt to extract source code from our Services; or (d) sell, transfer, publish, reveal, display, or otherwise make our Services including any modifications, enhancements, derivatives, and other materials provided under these Terms available to others in violation of these Terms. Except as otherwise stated in writing by us, you understand and agree that all Content found on our Services is the property of Pixelbomb and/or our affiliates or licensors, and is protected from unauthorized reproduction and distribution by international and national intellectual property laws, including trademark and copyright laws. Brand names are trademarked or registered trademarks of their rightful owners.

7. THIRD PARTY INTEGRATION

Third-Party Integration. Pixelbomb may offer features or functionalities that are integrated with services provided by third-party providers. These integrations may be available through a general API offered by the third-party provider or through an agreement between Pixelbomb and the third-party provider. Pixelbomb has no control over any features or functionalities offered by any third party, and these features or functionalities may be changed, temporarily suspended, or terminated at any time with no prior notice.

Third-Party Linking. Pixelbomb may include links to third-party websites. These links are provided for your convenience and Pixelbomb is not responsible for the content of any linked third-party site. Any third-party site accessed from Pixelbomb’s Services is separate from Pixelbomb and Pixelbomb has no control over the content of that site. Additionally, the inclusion of a link to a third-party site does not imply endorsement or acceptance of responsibility for the content or use of that site. It is important to note that the use of any third-party site is subject to its terms of service and privacy policy. Pixelbomb encourages you to exercise caution and good judgment when using third-party sites.

Third-Party Providers. You acknowledge and agree that Pixelbomb’s licensors, suppliers, and other third-party providers: (a) are not parties to these Terms; (b) have no obligation to provide any maintenance or support services for Pixelbomb; (c) are not responsible for addressing any claims related to Pixelbomb’s services, including but not limited to product liability claims, consumer protection claims, or any other claims under applicable laws, rules, or regulations; and (d) have no responsibility to investigate, defend, settle, or discharge any claim that Pixelbomb’s services or use thereof infringes any third party intellectual property rights.

8. LIMITATION OF LIABILITY & DISCLAIMERS FOR PIXELBOMB

No Warranty. Pixelbomb provides its services, and all related content “as is” without any warranty of any kind, either expressed or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Pixelbomb does not guarantee the following:

• The information available through its services is error-free
• The services, including the mechanisms for downloading and transmitting content or assets, will be uninterrupted, secure, or free of errors
• Any defects will be corrected
• Its servers or the servers that make its services available are free of viruses or other harmful components.

Waiver of Liability. Pixelbomb and its affiliates and licensors do not guarantee the security of any personal information provided by you, and will not be liable for any loss or damage caused by the misappropriation, interception, deletion, destruction, or unauthorized use of such information. Pixelbomb is not responsible for any claims that may arise from the use of User-Generated Assets, including claims for intellectual property infringement.

Limitation of Liability. a. General. Pixelbomb shall not be liable for any special, incidental, punitive, consequential, exemplary, or indirect damages arising from the use, inability to use, unauthorized access to, or misuse of its services, user content, or information contained therein. This includes, but is not limited to, damages for loss of profits, data, use, or costs of obtaining substitute goods or services. This limitation applies regardless of whether the damages are based on warranty, contract, tort, or otherwise, and even if Pixelbomb has been advised of the possibility of such damages. b. Aggregate Liability. Pixelbomb’s aggregate liability to you for all claims arising from these terms shall not exceed the greater of $100.00 or the aggregate amount you have paid to Pixelbomb in fees in the preceding 12-month period. c. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, the above limitations may not apply, and the maximum extent of liability shall be determined by law.

Indemnification. By using Pixelbomb’s services, you agree to indemnify and hold Pixelbomb and its officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and all costs of defense, including attorney’s fees, that result directly or indirectly from a claim by a third party in connection with:

• Your breach of these terms or the Privacy Policy
• Any images or digital assets you have uploaded or provided in connection with Pixelbomb’s services
• Your use of Pixelbomb’s services
• Your use or any third party’s use of any User Generated Assets.
• You agree to defend Pixelbomb at its option from any Claims.

9. Miscellaneous 

Waiver of Rights. Failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision by Pixelbomb. Any waiver of a right or provision must be in writing and signed by a Pixelbomb agent.

Access Restrictions. Our Services are only available to individuals who can legally enter into binding contracts. If you discover that your child has created an unauthorized account, please contact us at contact@pixelbomb.gg and we will remove the account.

Transfer of Rights. You cannot transfer your rights or obligations under these Terms to any third party without our consent. These Terms are binding and inure to the benefit of both parties and their respective successors, permitted transferees, and assigns.

Contractor Status. Pixelbomb and you are independent contractors and not partners, joint venturers, agents, employees, or representatives of each other.

Entire Agreement. These Terms, including our Privacy Policy, constitute the entire understanding of both parties and supersede all previous communications, understandings, and agreements (whether oral or written) except for any click-through, order form, or end-user license agreement provided by Pixelbomb. The headings and captions in these Terms are for convenience only and do not influence the interpretation of these Terms. If any part of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions remain valid and enforceable.

Governing Law and Dispute Resolution. These Terms and any disputes between Pixelbomb and you shall be governed by the laws of the State of California and the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions. If this section is found not to apply, either due to your decision to opt out of arbitration procedures or court order, any claims or disputes between Pixelbomb and you must be resolved exclusively by a court located in Hong Kong unless you or Pixelbomb agree otherwise. To the extent permitted by law, both parties agree to waive a trial by jury in court proceedings.

Arbitration and Class Action Waiver a. Mandatory Arbitration. All disputes between Pixelbomb and you (including disputes with third parties) arising from these Terms, our Services, or our Privacy Policy will be resolved through arbitration before a single arbitrator conducted in English in the country of Hong Kong. Both parties waive trial by jury and agree to bear the cost of arbitration equally, except that the prevailing party may receive a reasonable attorney’s fee award from the arbitrator. The decision of the arbitrator is final and binding on both parties and enforceable in any court of competent jurisdiction. 

Intellectual Property Disputes. Disputes relating to intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) are not subject to arbitration and may be brought to a court of competent jurisdiction.