If you do not agree with these terms, please close your web browser now.
1. This web site and accounts created from this website are available only to persons over 18 years of age, or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other forms of business entities are not eligible to procure Accounts.
2. We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your Account. Such amendments shall be effective whenever we make the notification available for your review.
3. Upon registration, you will be issued a password. You may not disclose your password to any third party. We never ask you for your password by telephone or email, and you should not disclose it this way if someone asks you to do so. Although we may offer a feature that allows you to “save” or “remember” your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your Account.
4. We may terminate this Agreement (including your Software license and your Account) and/or suspend your Account immediately and without notice if you breach this Agreement or infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us. If we terminate this Agreement or suspend your Account under these circumstances, you will either permanently lose access to your Account, or in the case of suspension lose access to your Account for the duration of the suspension, and the balance of any prepaid period will not be refunded.
5. To obtain an Account, you will be required to choose a login name. We strongly advise you to use a pseudonym especially if this account is being created for you a minor. You may not pick a name that violates anyone’s trademarks, publicity rights or other proprietary rights.
6. As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the GAME and in chat rooms and similar user-to-user areas (collectively, your “Content”). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, child pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We may take any action with respect to your Content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.
7. We do not guarantee or ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may disclose information to the government or third parties as a result of a subpoena or legal action, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging.
8. IN NO EVENT SHALL PIXEL MINE, INC OR ITS AFFILIATED COMPANIES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, YOUR ACCOUNT, THE GAME, THE SOFTWARE OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
9. This Agreement is governed in all respects by the laws of the State of Texas such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in Texas and further agree that any cause of action relating to this Agreement shall be brought in the County of Travis, State of Texas (if under State law). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.