Terms of Service

AGREEMENT


The following is the "Agreement" between you and Minidragon, LTD. ("us" or "we") and are the applicable rules when you visit and play on the Pixel Petz application. It is very important that you understand and follow these rules and if there are any parts that you do not fully understand, please discuss them with a parent or guardian. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PLAYING ON PIXEL PETZ. By using Pixel Petz or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not play on any part of Pixel Petz. You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually explicit or any other material that may violate any laws be it of your country, the country where Pixel Petz is hosted or International Law. Doing so may lead to you being immediately and permanently banned. As a user you agree to any information you have entered being stored in a database. While this information will not be disclosed to any third party without your consent, neither Pixel Petz nor Minidragon, LTD shall be held responsible for any hacking attempt that may lead to the data being compromised.

We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of Pixel Petz after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

RULES OF CONDUCT

1. Play Safely: The best safety policy is to follow your parents’ or guardians’ rules regarding playing online.

2. Do Not Try To Share Personal Information. Please do not try to share with anyone your personally identifiable information such as your e-mail address, physical address, school name, last name, photographs of yourself or telephone number. Likewise, do not ask for any such information from other users. If you think anything is suspicious, make sure to report it.

3. Respect The Community: Remember, many different people enjoy playing on Pixel Petz. In order that everyone continues to enjoy Pixel Petz, it is important that everything you post or send through Pixel Petz is family friendly.

Don’t post anything that is mean, foul, abusive, or obscene. This includes postings that contain profanity, are likely to offend someone, or that are racist, harassing, threatening, bullying or untrue. You also agree not to post things about other people that are false, illegal, or that may encourage someone else to break the law. Additionally, you may not create a screen name that we determine is inappropriate or offensive. Pixel Petz is committed to providing a fair, clean, and fun environment for all. We use only professional, well-trained moderation staff and the most up-to-date technology to assist us in keeping Pixel Petz safe and friendly.


That means you should not attempt to post any of the following:

  • profanity, obscenities ("swear words") or violent, bloody, or sexual content (express or implied).

  • Hate speech or sensitive topics, historical or otherwise.

  • attacks, comments, or opinions about other people or things that slander, defame, threaten, insult or harass another person.

  • information that might personally identify another player

  • requests for player passwords (including offers to take care of another's account or petz).

  • romance role playing.

  • "spamming" (repeatedly posting the same message).

  • gangs, gang-slang, or the promotion of gangs.

  • "cheats" or "hacks," bug or exploit abuse, or information or links to sites claiming to have these

  • other information that we deem, in its sole discretion, to be inappropriate for this game.

4. Other Players Also Enjoy Pixel Petz: If you see something you don't like, remember that all the stuff in bios, postz, tradez, and other communication areas comes straight from other players, not from us. We wouldn't tell kids what to say, because kids have minds of their own! But if someone sends ugly messages, we'll do our best to take care of it.

5. Respect Other People's Creative Material. We respect the creative material/intellectual property of others, and we ask our players to do the same. We may, in appropriate circumstances and at our discretion, terminate or suspend the accounts of players who infringe the intellectual property rights of others. This means “copying” petz is not allowed and will be determined at the discretion of our staff on a case-by-case basis.

6. Do Not Share Your Account. You shall not share your account with anyone or allow anyone else other than you personally to access or use your account, other than your parent(s) or guardian(s) who have rights to access and manage your account if you are a minor. You will be held responsible for any activity that occurs on an account registered to you.

7. Do not cheat, steal, or scam. Do not abuse any bugs or exploits you may find. Instead, report them immediately to bugz@pixelpetz.com or use the ingame report system. Never attempt to use third-party websites, hacking programs, cheat codes, or related methods to hack or circumvent Pixel Petz systems or policies. NONE OF THESE METHODS ACTUALLY WORK. They are created by criminals to steal your personal information, infect your device with malware, or to lure you into visiting illicit online marketing sites. You may not attempt to send viruses, keyloggers, or trojans to Pixel Petz, Minidragon employees, or other users. Never attempt to alter Pixel Petz or our server technology or coding to your advantage. Attempts to defraud other players or take their in-game items by gaining their trust (i.e. "scamming") are absolutely not tolerated and will result immediately in the loss of access to Pixel Petz. This includes attempts to trade Pixel Petz virtual items outside of our in-game trading system or official pixel petz social media, asking users to share or trade account login information, or any other tricks to cheat other players in the game. If you engage in any of these activities, you may permanently lose your right to play Pixel Petz.

TERMINATION

You may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application. The Company may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable, and the Company is under no obligation to compensate you for any such loss.

DISCLAIMER OF WARRANTY

THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, MINIDRAGON’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

INDEMNIFICATION

You agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, "you" shall include anyone accessing the Service using your password.

VIRTUAL CURRENCIES, VIRTUAL GOODS, AND TERMS OF SALE

We will not charge you a fee to use the basic functionality of the Service, but fees may be charged for certain products and services.

The Service may include an opportunity to obtain virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your Account with the Service and/or legal action. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

Product Descriptions. We try to make the Service thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Service may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, software, or other technology that you use. Minidragon reserves the right, with or without prior notice, to: change descriptions or references to products and/or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to, or use of the Service with any product or service.

Availability and Pricing. Though we try to honor all purchase requests, availability cannot always be guaranteed. When an item is not available and cannot be replenished — for example, if we offer a limited promotion — we will attempt to remove the item from the Service in a timely manner but make no guarantees in this regard. We may occasionally make errors in the stated prices on the Service. If a product’s correct price is higher than the listed price, we will either confirm that we’ll provide the item at the price listed or cancel your order and notify you of such cancellation.

Payments. We accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our Service, as forms of payment (“Payment Method”). We may also offer you the ability to make orders through a third party app store or other payment service. You agree to comply with their terms and any other requirements they may have. By submitting an order, you authorize Minidragon, or its designated payment processor, to charge the account you specify for the purchase amount.

We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Service in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Service in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

GENERAL

Governing Law. By visiting or using the Service, you agree that the laws of The Hong Kong Special Administrative Region, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company.

Any claim or dispute between you and the Company that arises out of or is related to the Service and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in Hong Kong, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of the Hong Kong Special Administrative Region of China.

Injunctive and Other Equitable Relief. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

Entire Agreement. These Terms constitute the entire agreement between you and the Company with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

Course of Conduct/Trade Practice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.

Assignment. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns.

Documentation of Compliance. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms.

Interpretation. You agree that these Terms will not be construed against the Company by virtue of having drafted them.

Defenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Survival. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.

Contact. If you have any questions about these Terms, please contact help@pixelpetz.com.