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APPLICABLE TO OUR GAMES AND PRODUCTS AVAILABLE ON WEBSITES, MOBILE APPLICATIONS AND OTHER DIGITAL PLATFORMS, SOCIAL NETWORKS AND VIRTUAL AND ELECTRONIC SERVICE CHANNELS.
We encourage you to carefully read these terms and conditions, as well as those applicable to your use of websites and mobile applications linked to or associated with our products, services, and trademarks. These contain important information about your legal rights and obligations. By accessing or using any of our games, you represent that you know, accept and comply with the terms and conditions that we will develop below.
We provide you with a variety of services, including, but not limited to, video games accessible over the internet ("Our Services").
These Terms and Conditions of Use, together with our Personal Data Processing Policy, set out the general conditions and rules applicable to the use of our websites, mobile applications and social networks.
It is very important that you read and understand these rules.
This website, mobile applications, and/or communication channels provided for Our Services may contain links to other websites and Internet features. Access to and use of such sites will be subject to the terms and conditions applicable to each site, without this meaning that these websites are owned or operated by us. We will not be responsible for the content, practices, and services offered by third-party websites. Linking through access links to other sites or linking channels does not imply or constitute a duty of supervision, joint venture, solidarity or guarantee on our part, so you must verify and decide whether you accept the terms and conditions applicable to each of them and their contents.
We deeply value your privacy. Therefore, your information and personal data will be processed in accordance with the purposes and security measures established in our Privacy Notice. By agreeing to these terms and conditions, you confirm that you have been informed of these purposes, have read our Privacy Notice and authorise us to process your personal data in accordance with the provisions of it and these terms and conditions.
The privacy policies described herein apply to all our games and products accessible through websites, mobile applications, and any other digital platforms, including mobile applications, video game consoles, and online gaming platforms. These policies regulate the processing of users' personal data in all forms of access and interaction with our services, ensuring the protection of privacy in accordance with applicable local and international regulations.
You accept and undertake to:
(a) Comply with these Terms and Conditions of Use, as well as any other provisions applicable to the use of the services we provide or facilitate, including those provided by our suppliers and partners.
(b) Refrain from any action or omission that may result in the violation of applicable laws or regulations, both of the Colombian legal system and of the regulations of the European Community, especially in relation to intellectual property, protection of personal data and consumer rights.
We use and protect the personal information and data that you provide to us as a user of our website, apps, or customer. We are committed to the security of your data. When we ask you for personal data, we do so by ensuring that it will only be used for the purposes defined in this PRIVACY NOTICE. Our privacy policies and site terms and conditions may change over time or be updated, so we encourage and emphasize that you continually review this site or apps to ensure that you agree to any such changes.
The data controllers of the personal data will be: PIXIE META DEVELOPMENT SAS NIT. 901563712-1., domiciled in Bogotá D.C., with physical address at Cl 99 No. 7 A 77 Office 405, with email address [email protected] and PIXIE META LTD. Mail: [email protected] - Address: 19 The Circle, Queen Elizabeth Street, London, SE1 2JE, United Kingdom., hereinafter "PIXIE" or the "Company".
PURPOSES OF PROCESSING APPLICABLE TO OUR GAMES AND PRODUCTS AVAILABLE ON WEBSITES, MOBILE APPLICATIONS AND OTHER DIGITAL PLATFORMS: Our commitment is to use the personal data strictly necessary to comply with the legitimate interests of the company, within the framework of our corporate purpose, and always in accordance with the principles established in the Political Constitution of Colombia, Law 1581 of 2012, and Regulation (EU) 2016/679 General Data Protection Regulation (GDPR). The company's legitimate interests include, among others, improving the user experience, personalizing offers, and optimizing our services in order to maximize the value of each customer, always respecting the highest standards of data protection. The company undertakes to process personal data in accordance with the purposes described in this document, including the possible international transfer of data between Colombia and other countries, in compliance with international regulations and agreements on the protection of personal data. The information collected, such as email address and other data provided, will be used to respond to inquiries from data subjects or for the purposes defined in our Policies adopted under the Comprehensive Personal Data Management Program (CPDMP). Below, we describe in detail how and for what purpose we use our users' personal data:
Carry out the local and international transfer and transmission of personal data to third parties, including other companies, government entities, foundations or non-profit entities, located inside or outside Colombia, for the purpose of promoting activities related to advertising, marketing, and statistical and informative communication of our products and services. We may share the personal data provided by the data subjects in order to fulfil the purposes established herein, such as improving the personalization of the service and optimizing performance for users. This data may be transferred outside the country of residence of the data subject, including to jurisdictions that do not have an equivalent level of data protection. However, any international transfer will be carried out under mechanisms that ensure adequate data protection, such as the use of standard contractual clauses or international cross-border data protection agreements, in accordance with the provisions of Law 1581 of 2012 and the General Data Protection Regulation (GDPR). Likewise, the company may share personal data with external service providers that have been hired to support the execution of the purposes described, such as cloud storage services, data analysis platforms and personalized advertising. These third parties are contractually obliged to use personal data exclusively for the agreed purposes and under the instructions of the company, guaranteeing at all times the adequate protection of the data transferred.
The personal data of the owners will not be used for purposes other than those established in our Policies adopted under the Comprehensive Personal Data Management Program (CPDMP), nor will they be sold or transferred to third parties that are dedicated to the commercialization of databases or any activity unrelated to the purpose authorized for the processing of the data. The company assures that the use of personal data will always be in strict accordance with the legitimate purposes defined in this document and that the rights of the owners will be fully respected, in compliance with the provisions of Law 1581 of 2012 and the General Data Protection Regulation (GDPR).
Personal data is stored based on the information provided directly by the owner. In accordance with Article 7 of Regulatory Decree 1377 of 2013, the provision of personal data to the company, whether through survey processes, events or any other manifestation of will, will be considered an unequivocal conduct that allows it to reasonably conclude that the owner has granted his authorization for the processing of his personal data in accordance with the provisions of Law 1581 of 2012.
The owner of personal data has the power to decide the data that he or she provides to the company. For this reason, provided that there is authorization from the owner, the company collects the following types of personal data:
Non-sensitive data includes, but is not limited to: general and specific identification and/or location data (such as names, surnames, address, and e-mail address); information related to personal activity; financial and credit data, as well as economic rights; tax data and technical data such as the user's IP address, connection sessions to the application, session durations, in-app events (such as purchases or process terminations), and cookies used to personalize the user experience and improve service performance.
Data of minors: Access to and use of the game by minors must be strictly supervised and authorized by parents or legal guardians. The company is not responsible for the use that minors make of the platform without due parental controls. It is the responsibility of parents or legal guardians to monitor and control access, use and settings of the game, ensuring that the game is suitable for the child and that it complies with the age restrictions set forth in the service's policies. In accordance with Law 1581 of 2012 in Colombia and the General Data Protection Regulation (GDPR) in Europe, the provision of information and personal data of minors is not mandatory. For this reason, registration on our platform must be carried out exclusively by persons of legal age and legally capable. By registering, the user guarantees that he/she is of the required legal age and the ability to provide the requested personal data, thus ensuring compliance with applicable data protection regulations.
JURISDICTIONS.Within the framework of the services provided by the Company, we may collect personal data from data subjects residing in countries other than Colombia, including, but not limited to, North America, South America, Central America and Europe. The processing of this data will be carried out in accordance with the purposes described in our Terms and Conditions and in the Comprehensive Personal Data Management Program (CPDMP). The personal data collected may be transferred to and from Colombia, and in such case, it will be treated in accordance with the legal regulations in force in Colombia, including the provisions of Law 1581 of 2012. Likewise, in cases where data subjects reside in other jurisdictions, such as the European Union, the company will ensure compliance with the rules applicable in those jurisdictions, such as the General Data Protection Regulation (GDPR). In any circumstance, the Company, in its capacity as data controller, undertakes to comply with the legal obligations enforceable in relation to the processing of the personal data of data subjects residing in other countries, always in accordance with local laws and international data protection agreements.
Under the rules of the CPDMP and with the prior authorization of the owner, which includes but is not limited to the acceptance of our terms and conditions and those of the websites and computer applications, the owner of the personal data authorizes us to contact him or her through the different contact channels that we keep active, which include, but they are not limited to: text messages -SMS-, email, chat, phone calls, physical mail, virtual conferences, contact forms on websites, social networks, video messaging applications, and user portal. Notwithstanding the foregoing, in the registration form and/or in our contact channels, the owner may limit, disable or cancel at any time the receipt of messages and emails for all or each of the authorized channels, as long as there is no contractual duty to remain in the respective database.
Likewise, with the authorization of personal data processing, the Company may contact the owner through one of the authorized channels once a day within the same week from Monday to Friday and from 7:00 am to 7:00 pm, and Saturdays from 8:00 am to 3:00 pm, Colombia time. The holder will not be contacted on Sundays and holidays.
In accordance with Law 1581 of 2012, Decree 1377 of 2013 and in harmony with the General Data Protection Regulation (GDPR) of the European Union, the owner of personal data has the following rights:
The company has appointed the Privacy Officer or Privacy Officer as the person responsible for receiving and managing petitions, complaints, suggestions and inquires (PCSI) related to the processing of personal data. The Privacy Officer or their delegates will be responsible for processing such requests in accordance with current legislation and the provisions of this Personal Data Processing Manual, as well as with the General Data Protection Regulation (GDPR), ensuring compliance with the principles of transparency, access and rectification of data.
Some of the specific roles of the Privacy Officer and their delegates in relation to personal data include:
The contact details of the Privacy Officer or Delegate for queries and requests regarding the processing of personal data are as follows: [email protected]
The following procedure is established so that the owners of personal data can exercise their rights, as follows:
Consultations: The company has implemented the appropriate mechanisms so that the owner, his successors, representatives and/or proxies can make inquiries about the personal data that rests in the company's databases, in accordance with the following rules:
Complaints: The company has mechanisms so that the owner, his successors, representatives and/or proxies can make claims in case they consider that the information contained in a database should be corrected, updated, deleted or when there is an alleged breach of the duties established in Law 1581 of 2012, Decree 1377 of 2013, or the GDPR, in accordance with the following rules:
Requests: The company allows the owner, their successors, representatives and/or proxies to make requests to update, modify, revoke the authorization and/or delete the personal data. These requests will be handled under the following rules:
Requests must be submitted in writing to the Privacy Officer or Delegate via the email address [email protected]. If the request is submitted by other means (e.g., physical address), it will be forwarded to the Privacy Officer or Delegate, if necessary.
If the request is linked to a complaint or query, it will be attended under the terms established for each one.
If the request is not linked to other procedures, it will be answered within a maximum period of ten (10) business days from its receipt, and the response will be sent by the same means in which it was formulated.
If it is not possible to respond to the request within the established period, the applicant will be informed of the reasons for the delay and the new response date, which may not exceed five (5) business days in addition to the original deadline.
Browsing our website, mobile applications and linked sites constitutes unequivocally express conduct of the authorisation you grant us to capture and process your personal data in accordance with the purposes set out in these Terms and Conditions and in our Privacy Notice. We may capture non-sensitive data such as identification, contact, and location data.
We will use your information in accordance with the purposes indicated in our PRIVACY NOTICE, this in order to provide the best possible service, particularly to maintain a registry of users and provide our services. Under the terms and conditions applicable to our website and apps, you authorize us to send you emails from time to time with special offers, new products, and other advertising information that we believe is relevant or that may provide you with any benefit. If you no longer wish to receive advertising information from us, you can let us know at any time, and we will restrict such use. We are highly committed to the security of your information. We use the most advanced systems and constantly update them to seek to prevent any unauthorized access.
By browsing or using this website and/or applications you agree to our TERMS AND CONDITIONS. By accepting them, you authorise the processing of your personal data so that we can process them directly or indirectly in accordance with the purposes defined in the PRIVACY NOTICE. We and our technology providers store and access information on a device, such as cookies, and process personal data, such as unique identifiers and standard information sent by a device, for the purposes set out above. With your permission, we and our technology providers may use precise geo-location and device-based identification data. If you do not agree to the terms of use or any provision of our policies, we suggest that you refrain from accessing or browsing this website or using our app. A cookie refers to a file that is sent for the purpose of requesting permission to be stored on your computer. By accepting this file, it is created and the cookie is then used to have information regarding web traffic, and also facilitates future visits to a recurring website. Another function of cookies is that with them websites can recognize you individually and therefore provide you with the best personalized service on their website. Our website and apps use cookies to be able to identify which pages are visited and how often. This information is used in accordance with our processing purposes for statistical analysis and then the information is permanently deleted. You can delete cookies at any time from your computer. However, cookies help to provide a better service to the websites, they do not give access to information from your computer, unless you want to do so and provide it directly. You can accept or deny the use of cookies, however, most browsers automatically accept cookies. You can change your computer settings to decline cookies. If they decline, you may not be able to use some of our services.
At any time, you may restrict the collection or use of personal information that is provided to our website or applications. Each time you are asked to fill out a form, such as the user creation form, you can uncheck the option to receive information, sending a request to our contact channel. We will not sell or trade your personal information and data. Your data will only be used for legitimate purposes as indicated in our PRIVACY NOTICE.
The user may not use the information contained in this website and/or application for commercial purposes other than those related to access to our services. Any other use, including the reproduction, modification, copying, publication, distribution and/or transmission, whether in whole or in part, of the contents of the site, applications and/or websites, is strictly prohibited.
You are also prohibited from framing to introduce any trademark, logo, or other information, whether or not copyrighted (including images, text, page layouts, or formats) without our prior written consent. The use of meta tags or any other "hidden text" utilizing the names or trademarks of us or our licensors is not permitted.
In the event of typographical errors or system errors that cause incorrect information to be displayed in connection with one of our services within our website, we may exercise our right to correct the error. Once the error has been corrected, we may deny or cancel any orders placed for such products or services.
We strive to include clear, truthful, and timely terms in advertising and promotional advertisements. The promotions, offers or discounts announced are not cumulative or combinable with each other. Promotions apply under the terms and conditions informed.
All intellectual property rights over the contents, designs, graphics, logos, trademarks, patents, interfaces, software and other elements of the website are the exclusive property of PIXIE or its licensors and are protected by the applicable legislation in Colombia and the European Community. By accessing and using our services, only and exclusively the authorizations or licenses established herein are granted. Any unauthorized reproduction, distribution, modification or use may result in legal action, in accordance with Colombian, European and other applicable international laws.
Subject to your acceptance of and continued compliance with these Terms of Service and any other applicable PIXIE policies, PIXIE grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for personal, non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
In order to provide an optimal Service, PIXIE has a legitimate interest in collecting and processing the data necessary to:
You may be required to select a password for your Account or use other login credentials ("Login Information"). You agree not to share your Account or Login Information, allow access to your Account by any third party, or take any action that compromises your security. If you become aware of or reasonably suspect any breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify PIXIE and update your Login Information. You are responsible for maintaining the confidentiality of your Login Information and for all activities conducted through your Account, including purchases, whether or not authorized by you. PIXIE reserves the right to remove or reclaim any username at any time and for any reason, including claims by third parties for potential violations of rights. The Service allows only one Account per game on a compatible device.
Any use of the Service in violation of these License Limitations is strictly prohibited, may result in immediate revocation of your limited license, and may result in legal liability.
You agree that under no circumstances will you:
PIXIE reserves the right to determine what conduct violates these Terms of Use or is contrary to the intent or spirit of the Service. Any failure to comply may result in termination of your Account and prohibition of all or partial access to the Service.
Without prejudice to other remedies, PIXIE may limit, suspend, terminate, modify, or delete Accounts or access to the Service, or portions thereof, if you, or PIXIE suspects that you, are in breach of these Terms of Service, or for any actual or suspected misuse or unlawful use of the Service, with or without notice. Termination or limitation of your Account may result in the loss of your username and persona on the Service, as well as any benefits, privileges, items earned or acquired associated with your use of the Service, without PIXIE having any obligation to compensate you for such losses.
In addition, PIXIE may limit, suspend, or terminate access to the Service and User Accounts, prohibit access to our games, websites, content, services, and tools, remove or delay hosted content, and take technical or legal action to prevent users from accessing the Service if we believe that they are creating risks or potential legal liabilities. infringing the intellectual property rights of others or acting in a manner inconsistent with our Terms or policies. In appropriate cases and in our sole discretion, we may also suspend or terminate Accounts of users who are repeat infringers of third-party intellectual property rights. PIXIE reserves the right to terminate any Account that has been inactive for 180 days.
PIXIE reserves the right to suspend, discontinue, or cease supporting the Service, a specific game, or any portion of the Service at any time, which will automatically terminate your license to use the Service or any portion thereof. In such event, PIXIE shall have no obligation to provide refunds, benefits, or other compensation to users affected by the interruption of the Service. Termination of your Account may include disabling your access to the Service or any portion thereof, including content submitted by you or other users.
Games and Service. All rights, title, and interest in and to the Service, including without limitation games, titles, computer code, themes, objects, characters, character names, stories, dialogue, slogans, concepts, illustrations, animations, sounds, musical compositions, audio-visual effects, operating methods, moral rights, documentation, game chat transcripts, character profile information, gameplay recordings, PIXIE game clients, and the software are the property of PIXIE. PIXIE reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights in its games and the Service.
Accounts. Notwithstanding anything to the contrary, you acknowledge and agree that you have no ownership rights in your Account and that all rights in such Account are, and shall at all times, be the exclusive property of PIXIE.
Virtual Items. PIXIE owns, has licensed, or has rights to use all content that appears on the Service or in PIXIE games. You acknowledge that you have no right or title to the content of the Service, including, without limitation, virtual goods or currency appearing on or originating from PIXIE games, whether earned in-game or acquired through PIXIE, as well as any other attributes associated with an Account or stored on the Service.
Submission of User Content. The term "User Content" includes any communications, images, sounds, and any materials, data, and information that you or any other user upload or transmit using a PIXIE game client or the Service, including, without limitation, any chat text. By transmitting or submitting any User Content in the course of using the Service, you represent and warrant that such content: (a) is accurate and not confidential or misleading; (b) does not violate any laws, contractual restrictions or other rights of any third party and has the necessary authorization from any third party listed in the User Content; (c) is free of viruses, adware, spyware, worms, or other malicious code; and (d) you agree that PIXIE will process the personal data contained in such content in accordance with its Privacy Policy.
Content Control. PIXIE assumes no responsibility for user conduct or transmission of User Content and makes no commitment to monitor the Service for inappropriate content or conduct. We do not and cannot pre-monitor all User Content, and you use the Service at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or not in line with your expectations, and you assume all risks associated with the use of such content.
PIXIE reserves the right, in its discretion, to monitor and/or record your interaction with the Service and the communications you make (including, without limitation, chat text) during your use of the Service. By agreeing to these Terms of Service, you irrevocably consent to such monitoring and recording and acknowledge that you have no expectation of privacy in the transmission of any User Content, including chat text or voice communications.
PIXIE reserves the right, in its sole discretion, to review, monitor, prohibit, edit, remove, or disable access to any User Content (including its own User Content) at any time, for any or no reason, and without notice. In the event that PIXIE decides to monitor the Service, it will not assume any responsibility for User Content and will not be obligated to modify or remove inappropriate content. PIXIE reserves the right, but not the obligation, to edit, refuse to post, or remove any User Content in its sole discretion.
Public Discourse. The Service may include forums, blogs, and chat features where users can share observations and comments on specific topics. PIXIE does not guarantee that other members of the Service will not use the ideas and information you share in these public spaces. Therefore, if you have ideas or information that you wish to keep confidential and/or do not wish others to use, we recommend that you do not post them on the Service. PIXIE will have no obligation to evaluate, use, or compensate you for any ideas or information you choose to submit.
Responsible for Your Own Content. You are solely responsible for the content and information you post, share, or transmit through the Service, as well as the information you provide to other users. PIXIE reserves the right, in its sole discretion, to refuse, remove, or refuse to post any User Content, at any time and for any reason, including, but not limited to, content that it deems to be in violation of these Terms of Service.
License You Grant to PIXIE. By posting or transmitting User Content through the Service, you grant PIXIE an irrevocable, perpetual, transferable, royalty-free, worldwide license (including the right to sublicense and assign to third parties) to copy, reproduce, fix, adapt, modify, create derivative works from, distribute, transmit, publicly display, and otherwise exploit such User Content. This license covers all rights related to the promotion and marketing of the Service and its derivatives. You further authorize PIXIE to allow third parties to exercise the rights granted herein, as well as to use your name, likeness, and any information related to your User Content without any additional obligation. To the extent permitted by law, you waive any attribution rights and any moral rights in your User Content, regardless of any modifications PIXIE makes to it. Although PIXIE does not claim ownership rights in your User Content, these Terms do not limit your ability to freely use and exploit such content. PIXIE also assumes no obligation to monitor or protect its intellectual property rights in User Content.
User Interactions. You are solely responsible for your interactions with other users of the Service and with anyone else with whom you interact through the Service and/or PIXIE games. If a dispute arises between users, PIXIE reserves the right, but is not obligated to, to become involved or intervene. You agree to cooperate fully in any investigation of illegal, fraudulent, or improper activity, including authorizing access to any password-protected portion of your Account if PIXIE requires it.
If you have a dispute with one or more users, you release PIXIE (including its officers, directors, agents, subsidiaries, and employees) from any liability or claim, known or unknown, arising out of or in any way connected with such disputes.
Shopping. Through the Service, you may acquire a limited, personal, non-transferable, non-sublicensable, revocable license for the use of:
(a) "virtual currency" for PIXIE games (such as play money or diamonds);
(b) "virtual in-game items" (together with virtual currency, "Virtual Items"); and
(c) other goods or services ("Merchandise").
PIXIE reserves the right to manage, modify, or remove Virtual Items or Merchandise at any time without notice, without liability to you or any third party. The transfer of Virtual Items and Merchandise is prohibited, except as expressly permitted on the Service. Any attempt to sell, buy, trade, or transfer Virtual Items or Merchandise outside of the Service or without authorization is a violation of these Terms.
Refund Policy. All purchases and redemptions of Virtual Items made through the Service are final and non-refundable. The provision of Virtual Items in PIXIE games is considered a service, which commences immediately upon PIXIE's acceptance of your purchase.
Payment of fees. You agree to assume payment of all applicable fees and taxes arising from your use or from the use of any person accessing an account registered in your name. PIXIE reserves the right to modify the prices of goods and services offered through the Service at any time. You acknowledge that PIXIE has no obligation to provide refunds for any reason, and that you will not receive money or compensation for unused virtual items if your account is closed, either voluntarily or involuntarily.
Service Updates. You understand that the Service is constantly evolving. PIXIE may require your acceptance of updates to the Service and PIXIE games installed on your device or computer. You acknowledge and agree that PIXIE may make updates, with or without notice. In addition, it may be necessary to update third-party software to continue to enjoy the Service and access PIXIE games.
Guarantees. Without prejudice to PIXIE's liability, the service is provided on an "as is" and "as available" basis for your use. PIXIE does not warrant that you will be able to access or use the service at any time or place you choose, or that the service will be uninterrupted or error-free, that defects will be corrected, or that the game or service will be free of viruses or other harmful components.
Limitation of Liability; Sole and Exclusive Remedy; Indemnification. To the fullest extent permitted by law, PIXIE shall not be liable to you for any indirect, incidental, consequential, special, punitive, or other similar damages, including but not limited to loss of revenue, profits, data, or business interruption or other intangible losses (however qualified), arising out of or relating to these terms or the service, whether based in contract, tort, or any other legal theory, regardless of whether or not PIXIE has been advised of the possibility of such damages. Except as otherwise provided by law, PIXIE will not be liable for any amount more than the amount you have paid to PIXIE in the six (6) months prior to the date you file a claim. If you have not made payments during such period, your sole remedy (and PIXIE's sole responsibility) shall be to cease use of the Service and close your account. Nothing in these terms affects your statutory rights or excludes or limits PIXIE's liability for gross negligence, wilful misconduct, death, or personal injury arising from its negligence or fraud. You agree to indemnify, defend, and hold harmless PIXIE (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any claims, demands, damages, or losses, including reasonable attorneys' fees, brought by any third party due to your use of the Service or any breach of these Terms, except where the violation is not attributable to your intentional or negligent conduct.
Conflict resolution and legislation. In the event of a dispute between you and PIXIE, we strongly recommend that you contact us first to try to resolve it amicably. If you reside in the United States, these Terms of Service, as well as any dispute relating to them, the Privacy Policy, or the Service, shall be governed in all respects by the law of the State of Florida, without regard to its conflict of law provisions. You agree that any claim or dispute against PIXIE shall be resolved exclusively in a court located in Miami, Florida. For residents outside the United States, domiciled in Europe, all disputes with PIXIE will be governed by the laws of the United Kingdom, without regard to conflict of law provisions. For residents outside of the United States or Europe, all disputes with PIXIE will be governed by the laws of Colombia, without regard to conflict of law provisions. You agree that any claim or dispute against PIXIE shall be resolved exclusively in the courts of ordinary jurisdiction.
Divisibility. You and PIXIE agree that, if any part of these Terms of Service or PIXIE's Privacy Policy is found by a court of competent jurisdiction to be illegal or unenforceable, that provision shall be ineffective only to the extent of its invalidity or unenforceability in that jurisdiction, without affecting the validity or enforceability of the remaining provisions of these terms, which will continue in full force and effect.
Assignment. PIXIE may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Service or the Privacy Policy without PIXIE's prior written consent; Any unauthorized assignment or delegation will be considered void.
Complementary policies. PIXIE may publish additional policies for specific services, such as forums, contests, or loyalty programs. Your right to use such services is subject to these additional policies and these Terms of Service.
Entire Agreement. These Terms of Service, together with any supplemental policies and documents expressly incorporated by reference (including PIXIE's Privacy Policy), constitute the entire agreement between you and PIXIE, and supersede all prior agreements, whether electronic, oral, or written, and any customs, practices, or precedents, between you and PIXIE with respect to the Service.
No Resignation. PIXIE's failure to enforce strict performance of any provision of these Terms of Service or the Privacy Policy, or failure to exercise any rights contained therein, shall not be construed as a waiver by PIXIE of its right to demand or enforce such provision or right at any time. PIXIE's express waiver of a specific provision shall not constitute a waiver of any future performance obligation. No representation, statement, consent, waiver, or act of PIXIE shall be deemed to modify these Terms of Service or to be binding unless documented in writing and physically signed by you and a duly authorized officer of PIXIE.
Notifications. We may notify you by https://PixieMeta.com postings, email, or other means of communication using the contact information you provide to us. Any notice you give under these Terms of Service, or the Privacy Policy must be in writing and addressed to the contact channels provided. Any notice that does not comply with this section will have no legal effect.
Equitable resources. You acknowledge that the rights and obligations set forth herein are unique and irreplaceable, the loss of which would cause irreparable harm to PIXIE that could not be remedied by financial compensation alone. Accordingly, PIXIE shall be entitled to injunctive or other equitable relief without the need for a deposit, in the event of default or threatened default by you. You irrevocably waive the right to seek relief restricting the operation of the Service or any PIXIE games, the exploitation of advertising or associated materials, limiting your claims to monetary damages as set forth in these terms and conditions.
Force majeure. PIXIE shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, such as natural disasters, war, terrorism, riots, embargoes, decisions of civil or military authorities, fire, flood, accident, strike, or shortage of transportation, fuel, energy, labour, or materials.