Element86 – Terms and Conditions for Element86 (e86) and PixelSofa, Inc. games and platforms.
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 play our Games.
1.3 You can access these terms at any time at element86.com/consumer-terms
We can make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our Games shall confirm your acceptance of the updated terms.
2 About accessing and playing our Games
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, controlsand 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 playing our Games. You should ask your mobile operator if you are unsure what these charges will be, before you play.
2.3 We have the right to withdraw or modify one or more of our Games (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);
- because it no longer makes business sense for us to provide the relevant Game; or
- because we have altered the services we provide.
2.4 There may also be times when our Games or any part of a Game is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
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 Games 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 playing our Games 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 will 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, 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 Games from. If any laws applicable to you restrict or prohibit you from playing our Games, you must comply with those legal restrictions or, if applicable, stop accessing and/or playing our Games.
5.2 You promise that all the information you provide to us on accessing and/or playing our Games 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 Games by you or another user (“Content”). You understand and agree that all Content that you may be sent when playing our Games, 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 Games.
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, 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 Games to harm anyone or to cause offence to or harass any person;
- create more than one account per platform to play our Games;
- use another person or entity’s email address in order to sign up to play our Games;
- use our Games for fraudulent or abusive purposes (including, without limitation, by using our Games to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Games);
- disguise, anonymise or hide your IP address or the source of any Content that you may upload;
- use our Games 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;
- interfere with or disrupt our Games or servers or networks that provide our Games;
- attempt to decompile, reverse engineer, disassemble or hack any of our Games, 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 play our Games, 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 Currency 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 networks connected to our Games;
- use our Games in violation of any applicable law or regulation;
- use our Games 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 Games, 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 Games 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 Games by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when playing our Games, 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 Games.
5.7 We have the right to remove uploaded Content from our Games 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 Games into disrepute. We reserve the right to monitor any and all Content for any breaches of these terms. However, you acknowledge that we do not necessarily actively monitor Content that is contributed by people that play our Games and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our Games.
6 Playing our Games against opponents
6.1 Some of our Games allow you to play against an opponent. You may be able to (i) choose to play against an opponent whom e86 selects for you, or (ii) play against 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. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where e86 selects an opponent 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 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, 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 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 Games (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 Games with the same skill and care as other similar games providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Games is to discontinue your use of that Game and we are not responsible or liable for any interruptions or errors that you may experience while playing our Games.
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 Games (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 use our Games (but not the 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 Games for anything else.
9.3 You must not copy, distribute, make available to the public or create any derivative work from our Games or any part of our Games 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 Games, including providing access to any Virtual Currency 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 Games 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 player of our Games. 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.
10.1 We are registered in the United States of America, in the State of Nevada and the State of Texas.
10.3 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 Games 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 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 the social network. If you do not agree to these practices you should not allow our Games to interact with your social network.
12 Transferring these terms
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
These terms set out the entire agreement between you and us concerning our Games (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access or play our Games via other platforms (for example, on our website or via any other third party website or service, including, without limitation, the KakaoTalk version of our games) then different terms and conditions apply in respect of those Games.
14 Changes to these terms
You can find these terms at any time by visiting element86.com/consumer-terms
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 playing our Games.
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
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
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 in the State of Nevada in the United States of America.
18 Questions about these terms
If you have any questions about these terms or our Games you may contact us by email at email@example.com
These terms were last updated on May 1, 2015.