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TERMS OF SERVICE
Last updated: 23/05/2018
The terms of this agreement (“Terms of Service”) govern the relationship between you (“you” or “user”) and Pixonic Games LTD (hereinafter “Pixonic” or “us” or “we”) regarding your use of Pixonic’s games, mobile applications, game portals, game forums, chat rooms of the games and other related services provided by Pixonic on any website, platform and/or application (the “Service”). Use of the Service is also governed by Privacy Policy, which is incorporated herein by reference, as well as other agreements and terms in respect of certain Service (if any).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE; AND (B) HEREBY CONFIRM THAT YOUR AGE IS SUFFICIENT FOR USE OF THE SERVICE UNDER THE APPLICABLE LAWS AND/OR YOU HAVE ALL NECESSARY CONSENTS (E.G. PARENTAL CONSENTS) IN FULL COMPLIANCE WITH THE APPLICABLE LAWS, INCLUDING FOR PURPOSES OF DATA PROTECTION LAWS, OTHERWISE YOUR USE OF THE SERVICE IS PROHIBITED; LIABILITY FOR ACTIONS OF A USER WHO HAS NOT ACHIEVED THE REQUIRED AGE SHALL BE IMPOSED ON HIS/HER PARENTS OR LEGAL REPRESENTATIVES). PIXONIC RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF SERVICE AT ANY TIME BY POSTING THE AMENDED TERMS ON THE SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE.
IN THE EVENT THAT YOU, IN ACCORDANCE WITH THE LAWS OF YOUR STATE, ARE PROHIBITED TO USE THE SERVICE OR PORTIONS THEREOF OR THERE ARE OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE THE SERVICE. IN SUCH A CASE, YOU WILL BE SOLELY RESPONSIBLE FOR THE USE OF THE SERVICE OR THE RELEVANT PART OF IT ON THE TERRITORY OF YOUR STATE IN VIOLATION OF THE RELEVANT LEGISLATION.
The Service is also not available to any users previously suspended or removed from the Service by Pixonic.
If you access the Service from any third party platform providers, such as social networks or Apple and Google, from whom you download the Service, you shall comply with its terms of service/use as well as these Terms of Service.
Please note that the Service may offer services and software of the partners of Pixonic, the use of which shall be governed by separate agreements with these partners of Pixonic.
1. YOUR ACCOUNT
You can use Service without creation of any account. However, in this case you should be acknowledged that you are solely responsible for the saving of your game process in the Service. In order to save your game process you are strongly recommended to attach your game profile to your account on the relevant platform from which you access the Service (for example, Game Center (for iOS) and Google Play (for Android), Steam, etc.) (“Account”). Thus, for accessing of the Service you shall enter your login and password (“Login Information”) from the relevant Platform.
Your Account is for your personal, non–commercial use. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases or other changes to your Account and/or Account status, whether or not authorized by you. You are responsible for anything that happens through your Account. Pixonic will not be responsible for anything that happens through or to your Account and/or Account status as a result of you allowing any third party to access your Login Information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Pixonic and modify your Login Information. In the absence of such promptly notification we cannot guarantee the safety of you Service progress.
2. LIMITED LICENSE TO USE THE SERVICE
From the moment of acceptance of this Terms of Service, Pixonic grants to you non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Unless otherwise specified by Pixonic, you are not permitted to reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from the Service or any its part.
All rights not expressly granted in this Terms of Use are reserved.
3. LICENSE RESTRICTIONS
Using the Service, You agree to comply with the following license restrictions when you access or use the Service:
You are prohibited from using as the name of the game character, name of the game clan or other group, as well as the name of another user at the forum the following designations:
4. LIABILITY FOR VIOLATION OF THESE TERMS OF SERVICE
Pixonic shall have the right to apply to you, in case of violation of these Terms of Service, the following types of sanction depending on the extent of the violation committed by you on the game process and other users:
5. PURCHASE TERMS
You acknowledge that you may access and/or download some Services for free, and while there may be additional content or services available for purchase within some Services (in-app purchases).
You may purchase in the Service, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, available in the Service; (b) “virtual in-game items” (together with “virtual currency”, “In-Service Content”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase In-Service Content from us or our authorized partners through the Service, and not in any other way. All fees payable for In-Service Content are non-refundable.
Pixonic may manage, regulate, control, modify or eliminate In-Service Content and/or Merchandise at any time, with or without notice. Pixonic shall have no liability to you or any third party in the event that Pixonic exercises any such rights.
The transfer of In-Service Content and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer In-Service Content or Merchandise to any person or entity.
The provision of In-Service Content for use in the Service is a service provided by Pixonic that commences immediately upon acceptance by Pixonic of your purchase.
In the event that you receive paid In-Service Content without payment and / or incomplete payment, and / or virtual currency is not debited from your Account to pay for such paid In-Service Content as a result of a technical error or a Service failure or a conscious user action, you are obliged to inform Pixonic of this fact.
6. USER CONTENT
By transmitting or submitting any communications, images, sounds, and all the material, data, information or any chat text through the Service or any suggestions for enhancement or feedback regarding the Service, or any feedback that Pixonic receives from you within public/close tests or surveys, including those submitted through Pixonic’s applications (“User Content”) you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Pixonic in accordance with its Privacy Policy; (e) you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Service without compensation to you; to the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).
Pixonic reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. Pixonic assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Pixonic does not, and cannot, pre-screen or monitor all User Content.
Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time Pixonic chooses, in its sole discretion, to monitor the Service, Pixonic nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Pixonic has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
7. USER INTERACTIONS
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Pixonic reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Pixonic to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Pixonic access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8. OWNERSHIP
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a the Service and server software) are owned by Pixonic. Pixonic reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
9. UPDATES AND MODIFICATIONS
In order to improve the Service, Pixonic reserves the right to introduce automatic updates and modifications into the Service (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Service, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Service and the rules of these Terms of Service shall apply to such updates.
You also agree that Pixonic may require you to accept and download updates for further use or access to the Service when it is necessary for proper functioning of the Service.
Pixonic may modify functions and informational contents of the Service at any time at its own discretion without additional notice to you.
10. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW PIXONIC EXPRESSLY WAIVES ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE SERVICE SHALL BE PROVIDED “AS IS” WITHOUT FURTHER WARRANTIES OF ANY NATURE. YOU SHALL ASSUME ALL RISKS RELATED TO ANY DAMAGE AND LOSSES ARISING FROM USE OR IMPOSSIBILITY OF USING THE SERVICE. PIXONIC DOES NOT GUARANTEE THAT THE SERVICE MEETS YOUR REQUIREMENTS AND THAT SERVICE OPERATION WILL BE UNFAILING AND ERROR-FREE.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW NEITHER PIXONIC NOR ITS LICENSORS AND/OR PARTNERS SHALL BEAR ANY LIABILITY TO YOU FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO IT, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS TERMS OF SERVICE AND WITH YOUR OPERATION OF THE SERVICE AND OF OTHER MATERIALS PROVIDED TO YOU BY PIXONIC. PIXONIC SHALL NOT BEAR LIABILITY FOR INABILITY TO INSTALL OR LAUNCH THE SERVICE ON YOUR DEVICE AND ALSO FOR POSSIBLE ERRORS AND FAILURES IN THE SERVICE OPERATION. YOU MUST CONNECT TO THE INTERNET IN ORDER TO USE THE SERVICE WHERE IT IS NECESSARY. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY YOU. PIXONIC SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO YOU AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON YOUR DEVICE.
12. APPLICABLE LAW, JURISDICTION
These Terms shall be governed and construed by the law of England and Wales. All disputes arising in connection with these Terms are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach agreement during the pre-trial settlement of the dispute – in the court having jurisdiction at the location of Pixonic.
13. MISCELLANEOUS
(a) Termination. These Terms of Service remain valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. Both parties have an ordinary right to terminate these Terms of Service at any time with immediate effect. Ordinary termination does not require any reasons to be given. In particular, but not exclusively, Pixonic has the right to terminate these Terms of Service with you, if you violate laws, or breaching these Terms of Service or the particular Services rules. You may terminate these Terms of Service at any time by deleting the Service from your device (applicable for mobile applications) or by stopping access to the certain Service.
In case of termination of these Terms of Service, Sections 6, 8, 10, 11, 12 shall remain in force.
(b) Assignment. Pixonic may at its own discretion at any time assign and/or delegate its rights and obligations under this Terms of Service or any part of them to any third party without notice to you. You may not assign these Terms of Use in whole or in part to any person or entity without Pixonic’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
(c) You hereby understand, accept and agree that any Service may contain audio and / or video effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of nervous character, worsening of these conditions, and you hereby guarantee that you do not suffer such disorders, or you will not use a Service. You accept and agree that regular long-term (continuous) usage of the personal computer or device can cause various complications of physical condition, including sight easing, scoliosis, various forms of neuroses and other negative effects on the body. You hereby warrant that you will use any Service only for a reasonable time, with breaks for rest and that you will take other measures prescribed by your doctor.
(d) These Terms of Service and related documents, unless otherwise stipulated within the Terms of Service, constitute full agreement of the Parties regarding use of the Service by you and substitute any previous oral and written agreements or oral and written agreements that are simultaneous with the making of these Terms of Service regarding the subject hereof that are united in these Terms of Service.
(e) If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms of Service will remain in full force and effect.
(f) Pixonic reserves the right to revise these Terms of Service or any related documents at any time by updating on the website located at pixonic.com (“Website”) or by notifying you or by any other means available. The revised Terms of Service or related documents come into force on the date on which it is published.
YOU ARE ADVISED TO CHECK THE WEBSITE PERIODICALLY FOR NOTICES CONCERNING SUCH REVISIONS. YOUR CONTINUED USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF ANY REVISED TERMS.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
On all issues related to these Terms of Service, please use the e-mail address legal@pixonic.com.
PRIVACY POLICY
Last updated: 23/05/2018
1. Who we are
1.1 We are Pixonic Games Ltd located at 243, 28th Oktovriou Street, 7th Floor, Apartment 702/802, at Christiana Sea View Court, 3035 Limassol, Cyprus.
1.2 This Privacy Policy sets out how we collect and use your personal information when you use our products and services ("Services") offered by Pixonic Games Ltd and the choices available to you in connection with our use of your personal information (the Privacy Policy).
This Privacy Policy should be read alongside, and in addition to, our Terms and conditions (at https://pixonic.com ) (Terms) and our Cookie Policy (accessible online at https://pixonic.com ).
In case of any contradictions between this Privacy Policy and the Terms, this Privacy Policy will prevail.
2. This Privacy Policy
2.1 By making available the Services we, acting reasonably and in good faith, believe that you:
(a) have all necessary rights to register on and use the Services;
(b) provide true information about yourself to the extent necessary for use of the Services;
(c) understand that by the posting your personal information you have manifestly made this information public, and this information may become available to other Site users and internet users, be copied and disseminated by them;
(d) understand that some types of information transferred by you to other Service users cannot be deleted by you or us;
(e) are aware of and accept this Privacy Policy.
2.2 We do not check the user information received from you, except where such check is necessary in order for us to fulfill our obligations to you.
3. Information we collect about you
3.1 In order to implement the agreement between you and us, and provide you with access to the use of the Services, we will improve, develop and implement new features to our Services, and enhance the available Services functionality. To achieve these objectives, and in compliance with applicable laws, we will collect, store, aggregate, organise, extract, compare, use, and supplement your data (hereinafter “processing”). We will also receive and pass this data, and our automatically processed analyses of this data to our affiliates and partners as set out in the table below and section 4 of this Privacy Policy.
3.2 We set out in more detail the information we collect when you use our Services, why we collect and process it and the legal bases below.
3.3 Our legitimate interests include (1) maintaining and administrating the Services; (2) providing the Services to you; (3) improving the content of the Services and web pages; (4) processing of the data that was manifestly made public by you; (5) ensuring your account is adequately protected; and (6) compliance with any contractual, legal or regulatory obligations under any applicable law.
3.4 As part of maintaining and administrating the Services we use the information to analyze user activity and ensure that rules and terms of use for the Services are not violated.
3.5 Your personal information may also be processed if it is required by a law enforcement or regulatory authority, body or agency or in the defence or exercise of legal claims.
We will not delete personal information if it is relevant to an investigation or a dispute.
It will continue to be stored until those issues are fully resolved and/or during the term that is required and/or permissible under applicable/relevant law.
3.6 Please note, if you do not want us to process sensitive and special categories of data about you (including data relating to your health, racial or ethnic origin, political opinion, religious or philosophical beliefs, sex life, and your sexual orientation) you should take care not to post this information or share this data е when using the Services.
Once you have provided this data it will be accessible by other Service users and it becomes difficult for us to remove this data.
3.7 Please note, if you withdraw your consent to processing or you do not provide the data that we require in order to maintain and administer the Services, you may not be able to access the Services.
3.8 If we intend to further process your data for any other purpose to those set out in this Privacy Policy, we shall provide you with details of this further purpose before we commence processing.
4. Data sharing
4.1 Your nickname, other information depending on the place of posting (chat room or forum), can be available to all of the Service users. We take technical and organizational measures to ensure that your data is safe. Please note that by the posting your personal information you have manifestly made this information public, and this may become available to other Service users and internet users and be copied and/ or disseminated by such users. Once this data is transferred by you to other users you will not be able to delete this data.
4.2 We may share your data with MGL MY.COM (CYPRUS) LIMITED and other our affiliates. Sometimes we may also need to share your data with a third party in order to provide our Services to you or to administer the Services, for example if you choose to share your data across social media platforms.
4.3 Our ad management and recommendation system is designed so that your information will not be shared directly with our third party advertisers. An advertiser or maker of a recommendation can only choose to target advertisements to groups of users falling within criteria such as age group, gender or broad location (country, city). If you fall within one of the target groups you will receive an advert or recommendation.
4.4 An advertiser or maker of recommendations may also choose to upload a list of identifiers (e.g., emails, phone numbers) to our systems so that we (but not the adviser or maker of recommendations) can check for user matches. They will see the number of matches but not the matches themselves.
4.5 If you participate in public tournaments we may have the obligation to disclose your personal information to tax authorities. We also may publish your data as part of the tournament score tables on our and third parties web sites.
4.6 Pixonic Games Ltd, My.com B.V., other companies in the Mail.ru Group or our selected third party partners with our permission, using their own ad servers, can show advertisements to you.
5. Privacy Settings
5.1 The Services may contain links to sites operated by third parties. We are not responsible for your data privacy when you access these links or engage with third party services and you should ensure you review the relevant third party's privacy statement which will govern your data privacy rights.
5.2 We bear no liability for the actions of third parties which, as the result of your use of the internet or the Services, obtain access to your information in accordance with the confidentiality level selected by you.
5.3 We bear no liability for the consequences of use of the information which, due to the Services nature, is available to any internet user. We ask you to take a responsible approach to the scope of their information posted on the Site.
6. International Transfers
6.1 We may transfer and maintain on our servers or databases some of your personal information outside the European Economic Area (EEA) including in USA, Japan, Russia.
6.2 The countries to which we transfer your data may not have the same data protection laws as your jurisdiction. We take reasonable cyber security measures and/or put in place the Standard Contractual Clauses (e.g. Model Clauses, Data Processing Agreement/Addendum) to ensure your data is adequately protected.
7. Retention Periods
7.1 We will retain your personal information for as long as required to perform the purposes for which the data was collected depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that we retain your personal information during the term that is required and/or permissible under applicable/relevant law.
7.2 You may request to remove your account and data on our Services by contacting the Service support (see Section 10 for details).
7.3 We may remove your account, or the information you post as provided by the Terms.
8. Your Rights
8.1 You have the following rights, in certain circumstances, in relation to your personal information:
(a) Right to access your personal information.
(b) Right to rectify your personal information: you can request that we update, block or delete your personal data, if the data is incomplete, outdated, incorrect, unlawfully received or no longer relevant for the purpose of processing.
(c) Right to restrict the use of your personal information.
(d) Right to request that your personal information is erased.
(e) Right to object to processing of your personal information.
(f) Right to data portability (in certain specific circumstances).
(g) Right not to be subject to an automated decision.
(h) Right to lodge a complaint with a supervisory authority.
8.2 You also have a right to independently remove personal information on your account and make changes and corrections to your information, provided that such changes and corrections contain up-to-date and true information. You can also view an overview of the information we hold about you.
8.3 If you would like to exercise these rights, please contact Support Service at legal@pixonic.com or send your request to us, in writing to 243, 28th Oktovriou Street, 7th Floor, Apartment 702/802, at Christiana Sea View Court, 3035 Limassol, Cyprus. We will aim to respond to you within 30 days from receipt of request. We will need to verify your identity before we are able to disclose any personal data to you.
9. Security Measures
9.1 We take technical, organizational and legal measures, including, where suitable, encryption, to ensure that your personal data are protected from unauthorized or accidental access, deletion, modification, blocking, copying and dissemination.
10. Changes to this Policy
10.1 From time to time, we may change and/or update this Privacy Policy. If this Privacy Policy changes in any way, we will post an updated version on this page. We will store the previous versions of this Privacy Policy in our documentation achieve. We recommend you regularly review this page to ensure that you are always aware of our information practices and any changes to such.
11. Contact Us
11.1 If you have any questions, please send your inquiries to Service support at legal@pixonic.com or send your request to us, in writing to 243, 28th Oktovriou Street, 7th Floor, Apartment 702/802, at Christiana Sea View Court, 3035 Limassol, Cyprus. So we can deal with your enquiry effectively, please quote this Privacy Policy. We will aim to respond to you within 30 days from receipt of request.
11.2 All correspondence received by us from you (written or electronic inquiries) is classified as restricted-access information and may not be disclosed without your written consent. The personal data and other information about you may not be used without your consent for any purpose other than for response to the inquiry, except as expressly provided by law.
11.3 The e-mail address of our DPO is dpo@corp.my.com.
Last updated: 23/05/2018
The terms of this agreement (“Terms of Service”) govern the relationship between you (“you” or “user”) and Pixonic Games LTD (hereinafter “Pixonic” or “us” or “we”) regarding your use of Pixonic’s games, mobile applications, game portals, game forums, chat rooms of the games and other related services provided by Pixonic on any website, platform and/or application (the “Service”). Use of the Service is also governed by Privacy Policy, which is incorporated herein by reference, as well as other agreements and terms in respect of certain Service (if any).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE; AND (B) HEREBY CONFIRM THAT YOUR AGE IS SUFFICIENT FOR USE OF THE SERVICE UNDER THE APPLICABLE LAWS AND/OR YOU HAVE ALL NECESSARY CONSENTS (E.G. PARENTAL CONSENTS) IN FULL COMPLIANCE WITH THE APPLICABLE LAWS, INCLUDING FOR PURPOSES OF DATA PROTECTION LAWS, OTHERWISE YOUR USE OF THE SERVICE IS PROHIBITED; LIABILITY FOR ACTIONS OF A USER WHO HAS NOT ACHIEVED THE REQUIRED AGE SHALL BE IMPOSED ON HIS/HER PARENTS OR LEGAL REPRESENTATIVES). PIXONIC RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF SERVICE AT ANY TIME BY POSTING THE AMENDED TERMS ON THE SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE.
IN THE EVENT THAT YOU, IN ACCORDANCE WITH THE LAWS OF YOUR STATE, ARE PROHIBITED TO USE THE SERVICE OR PORTIONS THEREOF OR THERE ARE OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE THE SERVICE. IN SUCH A CASE, YOU WILL BE SOLELY RESPONSIBLE FOR THE USE OF THE SERVICE OR THE RELEVANT PART OF IT ON THE TERRITORY OF YOUR STATE IN VIOLATION OF THE RELEVANT LEGISLATION.
The Service is also not available to any users previously suspended or removed from the Service by Pixonic.
If you access the Service from any third party platform providers, such as social networks or Apple and Google, from whom you download the Service, you shall comply with its terms of service/use as well as these Terms of Service.
Please note that the Service may offer services and software of the partners of Pixonic, the use of which shall be governed by separate agreements with these partners of Pixonic.
1. YOUR ACCOUNT
You can use Service without creation of any account. However, in this case you should be acknowledged that you are solely responsible for the saving of your game process in the Service. In order to save your game process you are strongly recommended to attach your game profile to your account on the relevant platform from which you access the Service (for example, Game Center (for iOS) and Google Play (for Android), Steam, etc.) (“Account”). Thus, for accessing of the Service you shall enter your login and password (“Login Information”) from the relevant Platform.
Your Account is for your personal, non–commercial use. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases or other changes to your Account and/or Account status, whether or not authorized by you. You are responsible for anything that happens through your Account. Pixonic will not be responsible for anything that happens through or to your Account and/or Account status as a result of you allowing any third party to access your Login Information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Pixonic and modify your Login Information. In the absence of such promptly notification we cannot guarantee the safety of you Service progress.
2. LIMITED LICENSE TO USE THE SERVICE
From the moment of acceptance of this Terms of Service, Pixonic grants to you non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Unless otherwise specified by Pixonic, you are not permitted to reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from the Service or any its part.
All rights not expressly granted in this Terms of Use are reserved.
3. LICENSE RESTRICTIONS
Using the Service, You agree to comply with the following license restrictions when you access or use the Service:
- You will not attempt to obtain Login Information or access another user’s Account or collect or harvest personal information from other users;
- You will not exploit, distribute or publicly inform other users of any Service error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology;
- You will not improperly use our support services, including by submitting false reports as well as you will not distribute any messages received by you from our support services;
- You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person;
- You will not use the Service for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Service Content (as defined below) for sale;
- You shall not sell, purchase, exchange, transfer, give as a gift, your Account as well as spread the information about any intention to perform above;
- You will not use the Service for performing services for payment, such as leveling up or item collection services;
- You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service experience;
- You will not remove or obscure any proprietary notices within the Service;
- You will not disrupt or attempt to disrupt the Service or any other person’s use or enjoyment of the Service;
- You will not attempt to gain unauthorized access to the Service, to Accounts registered to others, or to networks from which portions of the Service are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Service;
- You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from the Service or that is in transit from or to the Service;
- You will not make any automated use the Service, or take any action that imposes an unreasonable burden on our infrastructure;
- You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data from the Service;
- Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Service;
- You will not copy, modify or distribute In-Service Content (as defined below) from the Service except as specifically authorized by us;
- You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
You are prohibited from using as the name of the game character, name of the game clan or other group, as well as the name of another user at the forum the following designations:
- offensive or coarse terms, inciting ethnic discord and discrimination, words and phrases which include curses and expletives in any language, executed with letters of any alphabet;
- proper names and other words and phrases used in religions or cults, which may cause insult of the feelings of believers (use in the name of the game clans and the game groups such common religious concepts (except for proper names) as "paradise", "hell", "angel", "devil", "voodoo", etc. is not prohibited. For example, the clan name of the group like "Team of devils" or "Voodoo dolls" corresponds to these Terms of Service);
- names of historical figures and politicians;
- words and phrases that are directly or indirectly related to drugs, ways of their preparation, use and acquisition;
- words and phrases which can mislead other users as to that the user, registered under such name, is a representative of Pixonic or otherwise has direct or indirect relation to it, or has any rights of administration of the Service;
- unpronounceable letter combinations;
- words and phrases that contain advertisement of goods and services, including any domain names and trademarks;
- words and phrases that violate the rights of third parties (including but not limited to intellectual property rights) or the requirements of applicable law.
4. LIABILITY FOR VIOLATION OF THESE TERMS OF SERVICE
Pixonic shall have the right to apply to you, in case of violation of these Terms of Service, the following types of sanction depending on the extent of the violation committed by you on the game process and other users:
- issuance of a warning in any form, including via e-mail;
- suspension of access to the Service for a definite or indefinite term;
- restriction of use of the game chats and forums for a definite or indefinite term;
- restriction of a part of the game functionality or possibilities of the game character for a definite or indefinite term;
- forced renaming of the game character, community of users or the game object;
- withdrawal of the in-game currency and/or the in-game valuables;
- restriction, suspension or termination of access to your game character or to the Account;
- a change in the values of achievements and parameters of development of your game character;
- removal of the game character or of the Account without possibility of restoration.
5. PURCHASE TERMS
You acknowledge that you may access and/or download some Services for free, and while there may be additional content or services available for purchase within some Services (in-app purchases).
You may purchase in the Service, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, available in the Service; (b) “virtual in-game items” (together with “virtual currency”, “In-Service Content”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase In-Service Content from us or our authorized partners through the Service, and not in any other way. All fees payable for In-Service Content are non-refundable.
Pixonic may manage, regulate, control, modify or eliminate In-Service Content and/or Merchandise at any time, with or without notice. Pixonic shall have no liability to you or any third party in the event that Pixonic exercises any such rights.
The transfer of In-Service Content and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer In-Service Content or Merchandise to any person or entity.
The provision of In-Service Content for use in the Service is a service provided by Pixonic that commences immediately upon acceptance by Pixonic of your purchase.
In the event that you receive paid In-Service Content without payment and / or incomplete payment, and / or virtual currency is not debited from your Account to pay for such paid In-Service Content as a result of a technical error or a Service failure or a conscious user action, you are obliged to inform Pixonic of this fact.
6. USER CONTENT
By transmitting or submitting any communications, images, sounds, and all the material, data, information or any chat text through the Service or any suggestions for enhancement or feedback regarding the Service, or any feedback that Pixonic receives from you within public/close tests or surveys, including those submitted through Pixonic’s applications (“User Content”) you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Pixonic in accordance with its Privacy Policy; (e) you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Service without compensation to you; to the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).
Pixonic reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. Pixonic assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Pixonic does not, and cannot, pre-screen or monitor all User Content.
Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time Pixonic chooses, in its sole discretion, to monitor the Service, Pixonic nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Pixonic has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
7. USER INTERACTIONS
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Pixonic reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Pixonic to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Pixonic access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8. OWNERSHIP
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a the Service and server software) are owned by Pixonic. Pixonic reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
9. UPDATES AND MODIFICATIONS
In order to improve the Service, Pixonic reserves the right to introduce automatic updates and modifications into the Service (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Service, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Service and the rules of these Terms of Service shall apply to such updates.
You also agree that Pixonic may require you to accept and download updates for further use or access to the Service when it is necessary for proper functioning of the Service.
Pixonic may modify functions and informational contents of the Service at any time at its own discretion without additional notice to you.
10. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW PIXONIC EXPRESSLY WAIVES ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE SERVICE SHALL BE PROVIDED “AS IS” WITHOUT FURTHER WARRANTIES OF ANY NATURE. YOU SHALL ASSUME ALL RISKS RELATED TO ANY DAMAGE AND LOSSES ARISING FROM USE OR IMPOSSIBILITY OF USING THE SERVICE. PIXONIC DOES NOT GUARANTEE THAT THE SERVICE MEETS YOUR REQUIREMENTS AND THAT SERVICE OPERATION WILL BE UNFAILING AND ERROR-FREE.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW NEITHER PIXONIC NOR ITS LICENSORS AND/OR PARTNERS SHALL BEAR ANY LIABILITY TO YOU FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO IT, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS TERMS OF SERVICE AND WITH YOUR OPERATION OF THE SERVICE AND OF OTHER MATERIALS PROVIDED TO YOU BY PIXONIC. PIXONIC SHALL NOT BEAR LIABILITY FOR INABILITY TO INSTALL OR LAUNCH THE SERVICE ON YOUR DEVICE AND ALSO FOR POSSIBLE ERRORS AND FAILURES IN THE SERVICE OPERATION. YOU MUST CONNECT TO THE INTERNET IN ORDER TO USE THE SERVICE WHERE IT IS NECESSARY. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY YOU. PIXONIC SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO YOU AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON YOUR DEVICE.
12. APPLICABLE LAW, JURISDICTION
These Terms shall be governed and construed by the law of England and Wales. All disputes arising in connection with these Terms are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach agreement during the pre-trial settlement of the dispute – in the court having jurisdiction at the location of Pixonic.
13. MISCELLANEOUS
(a) Termination. These Terms of Service remain valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. Both parties have an ordinary right to terminate these Terms of Service at any time with immediate effect. Ordinary termination does not require any reasons to be given. In particular, but not exclusively, Pixonic has the right to terminate these Terms of Service with you, if you violate laws, or breaching these Terms of Service or the particular Services rules. You may terminate these Terms of Service at any time by deleting the Service from your device (applicable for mobile applications) or by stopping access to the certain Service.
In case of termination of these Terms of Service, Sections 6, 8, 10, 11, 12 shall remain in force.
(b) Assignment. Pixonic may at its own discretion at any time assign and/or delegate its rights and obligations under this Terms of Service or any part of them to any third party without notice to you. You may not assign these Terms of Use in whole or in part to any person or entity without Pixonic’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
(c) You hereby understand, accept and agree that any Service may contain audio and / or video effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of nervous character, worsening of these conditions, and you hereby guarantee that you do not suffer such disorders, or you will not use a Service. You accept and agree that regular long-term (continuous) usage of the personal computer or device can cause various complications of physical condition, including sight easing, scoliosis, various forms of neuroses and other negative effects on the body. You hereby warrant that you will use any Service only for a reasonable time, with breaks for rest and that you will take other measures prescribed by your doctor.
(d) These Terms of Service and related documents, unless otherwise stipulated within the Terms of Service, constitute full agreement of the Parties regarding use of the Service by you and substitute any previous oral and written agreements or oral and written agreements that are simultaneous with the making of these Terms of Service regarding the subject hereof that are united in these Terms of Service.
(e) If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms of Service will remain in full force and effect.
(f) Pixonic reserves the right to revise these Terms of Service or any related documents at any time by updating on the website located at pixonic.com (“Website”) or by notifying you or by any other means available. The revised Terms of Service or related documents come into force on the date on which it is published.
YOU ARE ADVISED TO CHECK THE WEBSITE PERIODICALLY FOR NOTICES CONCERNING SUCH REVISIONS. YOUR CONTINUED USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF ANY REVISED TERMS.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
On all issues related to these Terms of Service, please use the e-mail address legal@pixonic.com.
PRIVACY POLICY
Last updated: 23/05/2018
1. Who we are
1.1 We are Pixonic Games Ltd located at 243, 28th Oktovriou Street, 7th Floor, Apartment 702/802, at Christiana Sea View Court, 3035 Limassol, Cyprus.
1.2 This Privacy Policy sets out how we collect and use your personal information when you use our products and services ("Services") offered by Pixonic Games Ltd and the choices available to you in connection with our use of your personal information (the Privacy Policy).
This Privacy Policy should be read alongside, and in addition to, our Terms and conditions (at https://pixonic.com ) (Terms) and our Cookie Policy (accessible online at https://pixonic.com ).
In case of any contradictions between this Privacy Policy and the Terms, this Privacy Policy will prevail.
2. This Privacy Policy
2.1 By making available the Services we, acting reasonably and in good faith, believe that you:
(a) have all necessary rights to register on and use the Services;
(b) provide true information about yourself to the extent necessary for use of the Services;
(c) understand that by the posting your personal information you have manifestly made this information public, and this information may become available to other Site users and internet users, be copied and disseminated by them;
(d) understand that some types of information transferred by you to other Service users cannot be deleted by you or us;
(e) are aware of and accept this Privacy Policy.
2.2 We do not check the user information received from you, except where such check is necessary in order for us to fulfill our obligations to you.
3. Information we collect about you
3.1 In order to implement the agreement between you and us, and provide you with access to the use of the Services, we will improve, develop and implement new features to our Services, and enhance the available Services functionality. To achieve these objectives, and in compliance with applicable laws, we will collect, store, aggregate, organise, extract, compare, use, and supplement your data (hereinafter “processing”). We will also receive and pass this data, and our automatically processed analyses of this data to our affiliates and partners as set out in the table below and section 4 of this Privacy Policy.
3.2 We set out in more detail the information we collect when you use our Services, why we collect and process it and the legal bases below.
- Information collected: Data you provide for registering in the Services such as nickname.
Purpose: We use this information in order to manage and administer the Services provided to you. We use this data to enable us to fulfill our obligations to you as part of the Services (e.g. in cases where you request restoration of your account).
Legal Basis: Legitimate interests. Performance of our contract with you. - Information collected: Where necessary, a copy of your identity or another document containing your name, surname, photograph, number of the principal identity document of you or your representative, payment details and another additional data, with that you may provide us, including through our support service. We may take additional verification steps where we consider reasonable in order to verify your account.
Purpose: We use this data in order to identify you, verify your account and prevent abuse and infringements of your or other persons' rights. For example, we use this information to verify your identity if you lose your credentials and wish to access your account with us.
Legal Basis: Legitimate interests. Performance of our contract with you - Information collected: Additional data you provide when you edit your Services profile or settings section such as avatar picture and language preferences or when you give your answers on questions from our questionnaires.
Purpose: We use this information in order to provide our Services to you, to manage and administer Services.
Legal Basis: Legitimate interests. Performance of our contract with you - Information collected: Additional data received when you access the Services, including information regarding technical devices, technical interaction with the Service such as your IP-address, time of registration in the Service, device ids, country and language settings, device model and operating system used, your installed apps, type of a browser, your Internet provider and/or phone network operator, network type, screen resolution, RAM size.
Purpose: We use your data for internal review in order to constantly improve the content of our Services and web pages, optimizing your user experience, to understand any errors you may encounter when using the Services, to notify you of changes to the Services and to personalise the use of our Services. We may also use this data in order to tailor and improve the adverts that are presented to you to and measure the effectiveness of these advertisements.
Legal Basis: Legitimate Interests - Information collected: Information that is created by you while using the Services (including information that you post in any game forums and/or chat rooms). Depending on the place of posting (chat room or forum) this information can be available to some or all other users of our Services.
Purpose: We use this information in order to manage and administer the Services including providing our services to you.
Legal Basis: Legitimate interests, which inter alia, include the processing of manifestly made public by you data. Performance of our contract with you - Information collected: Information that is created by you while placing requests to our Services support.
Purpose: We use this information in order to verify your identity and to fulfill your support request. We may also use this data in order to investigate any complaints on your behalf and to provide you with a more efficient service.
Legal Basis: Legitimate interests. Performance of our contract with you - Information collected: Information that is received as the result of your behavioral actions when using the Services (including your game actions and achievements, badges). This information can be available to other users of our Services (e.g. on Leaderboards).
Purpose: We use this information in order to manage and administer the Services including providing our Services to you. We may also use this data in order to tailor and improve the adverts that are presented to you to and measure the effectiveness of these advertisements.
Legal Basis: Legitimate interests. Performance of our contract with you - Information collected: Information that is received about you as the result of other users’ actions on the Services (in particular, information posted in chat rooms and forums by other users).
Purpose: We use this information in order to manage and administer the Services including providing our Services to you.
Legal Basis: Legitimate interests - Information collected: Information that is received as the result of your using payment functionality of the Services (e.g. first and last four digits of your card number that are required in order to match these details with your account).
Purpose: We use this information in order to manage and administer the Services including providing our Services to you. We may also use this data in order to investigate any complaints on your behalf and to provide you with a more efficient service.
Legal Basis: Legitimate interests. Performance of our contract with you - Information collected: Data obtained via third parties, including your social network ids, application store ids, social network nickname, email and friends list, when you connect your social account (e.g. Facebook, Google, VK or Apple Game Center) to our Services.
Purpose: We import this information into your profile. We use this information in order to manage and administer the Services provided to you. We use this information for certain social functions of our Services, such as to show you who of your friends play the same game as you or to provide you the ability to post your achievements into your social account. We also use this information to retain the data about your usage of our Services (such as game progress and achievements) across your different mobile devices, connected to the same social account.
Legal Basis: Legitimate interests. Performance of our contract with you
3.3 Our legitimate interests include (1) maintaining and administrating the Services; (2) providing the Services to you; (3) improving the content of the Services and web pages; (4) processing of the data that was manifestly made public by you; (5) ensuring your account is adequately protected; and (6) compliance with any contractual, legal or regulatory obligations under any applicable law.
3.4 As part of maintaining and administrating the Services we use the information to analyze user activity and ensure that rules and terms of use for the Services are not violated.
3.5 Your personal information may also be processed if it is required by a law enforcement or regulatory authority, body or agency or in the defence or exercise of legal claims.
We will not delete personal information if it is relevant to an investigation or a dispute.
It will continue to be stored until those issues are fully resolved and/or during the term that is required and/or permissible under applicable/relevant law.
3.6 Please note, if you do not want us to process sensitive and special categories of data about you (including data relating to your health, racial or ethnic origin, political opinion, religious or philosophical beliefs, sex life, and your sexual orientation) you should take care not to post this information or share this data е when using the Services.
Once you have provided this data it will be accessible by other Service users and it becomes difficult for us to remove this data.
3.7 Please note, if you withdraw your consent to processing or you do not provide the data that we require in order to maintain and administer the Services, you may not be able to access the Services.
3.8 If we intend to further process your data for any other purpose to those set out in this Privacy Policy, we shall provide you with details of this further purpose before we commence processing.
4. Data sharing
4.1 Your nickname, other information depending on the place of posting (chat room or forum), can be available to all of the Service users. We take technical and organizational measures to ensure that your data is safe. Please note that by the posting your personal information you have manifestly made this information public, and this may become available to other Service users and internet users and be copied and/ or disseminated by such users. Once this data is transferred by you to other users you will not be able to delete this data.
4.2 We may share your data with MGL MY.COM (CYPRUS) LIMITED and other our affiliates. Sometimes we may also need to share your data with a third party in order to provide our Services to you or to administer the Services, for example if you choose to share your data across social media platforms.
4.3 Our ad management and recommendation system is designed so that your information will not be shared directly with our third party advertisers. An advertiser or maker of a recommendation can only choose to target advertisements to groups of users falling within criteria such as age group, gender or broad location (country, city). If you fall within one of the target groups you will receive an advert or recommendation.
4.4 An advertiser or maker of recommendations may also choose to upload a list of identifiers (e.g., emails, phone numbers) to our systems so that we (but not the adviser or maker of recommendations) can check for user matches. They will see the number of matches but not the matches themselves.
4.5 If you participate in public tournaments we may have the obligation to disclose your personal information to tax authorities. We also may publish your data as part of the tournament score tables on our and third parties web sites.
4.6 Pixonic Games Ltd, My.com B.V., other companies in the Mail.ru Group or our selected third party partners with our permission, using their own ad servers, can show advertisements to you.
5. Privacy Settings
5.1 The Services may contain links to sites operated by third parties. We are not responsible for your data privacy when you access these links or engage with third party services and you should ensure you review the relevant third party's privacy statement which will govern your data privacy rights.
5.2 We bear no liability for the actions of third parties which, as the result of your use of the internet or the Services, obtain access to your information in accordance with the confidentiality level selected by you.
5.3 We bear no liability for the consequences of use of the information which, due to the Services nature, is available to any internet user. We ask you to take a responsible approach to the scope of their information posted on the Site.
6. International Transfers
6.1 We may transfer and maintain on our servers or databases some of your personal information outside the European Economic Area (EEA) including in USA, Japan, Russia.
6.2 The countries to which we transfer your data may not have the same data protection laws as your jurisdiction. We take reasonable cyber security measures and/or put in place the Standard Contractual Clauses (e.g. Model Clauses, Data Processing Agreement/Addendum) to ensure your data is adequately protected.
7. Retention Periods
7.1 We will retain your personal information for as long as required to perform the purposes for which the data was collected depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that we retain your personal information during the term that is required and/or permissible under applicable/relevant law.
7.2 You may request to remove your account and data on our Services by contacting the Service support (see Section 10 for details).
7.3 We may remove your account, or the information you post as provided by the Terms.
8. Your Rights
8.1 You have the following rights, in certain circumstances, in relation to your personal information:
(a) Right to access your personal information.
(b) Right to rectify your personal information: you can request that we update, block or delete your personal data, if the data is incomplete, outdated, incorrect, unlawfully received or no longer relevant for the purpose of processing.
(c) Right to restrict the use of your personal information.
(d) Right to request that your personal information is erased.
(e) Right to object to processing of your personal information.
(f) Right to data portability (in certain specific circumstances).
(g) Right not to be subject to an automated decision.
(h) Right to lodge a complaint with a supervisory authority.
8.2 You also have a right to independently remove personal information on your account and make changes and corrections to your information, provided that such changes and corrections contain up-to-date and true information. You can also view an overview of the information we hold about you.
8.3 If you would like to exercise these rights, please contact Support Service at legal@pixonic.com or send your request to us, in writing to 243, 28th Oktovriou Street, 7th Floor, Apartment 702/802, at Christiana Sea View Court, 3035 Limassol, Cyprus. We will aim to respond to you within 30 days from receipt of request. We will need to verify your identity before we are able to disclose any personal data to you.
9. Security Measures
9.1 We take technical, organizational and legal measures, including, where suitable, encryption, to ensure that your personal data are protected from unauthorized or accidental access, deletion, modification, blocking, copying and dissemination.
10. Changes to this Policy
10.1 From time to time, we may change and/or update this Privacy Policy. If this Privacy Policy changes in any way, we will post an updated version on this page. We will store the previous versions of this Privacy Policy in our documentation achieve. We recommend you regularly review this page to ensure that you are always aware of our information practices and any changes to such.
11. Contact Us
11.1 If you have any questions, please send your inquiries to Service support at legal@pixonic.com or send your request to us, in writing to 243, 28th Oktovriou Street, 7th Floor, Apartment 702/802, at Christiana Sea View Court, 3035 Limassol, Cyprus. So we can deal with your enquiry effectively, please quote this Privacy Policy. We will aim to respond to you within 30 days from receipt of request.
11.2 All correspondence received by us from you (written or electronic inquiries) is classified as restricted-access information and may not be disclosed without your written consent. The personal data and other information about you may not be used without your consent for any purpose other than for response to the inquiry, except as expressly provided by law.
11.3 The e-mail address of our DPO is dpo@corp.my.com.