Terms Of Use: Pixeled

Last updated: January 27, 2023

Please read these Terms of Use carefully before using Our Service.

1. Interpretation and Definitions

1a. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1b. Definitions

For the purposes of these Terms of use:

Application means the software program provided by Hollow Owl Games downloaded by You on any electronic device, named Pixeled
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: United Kingdom
Hollow Owl Games™ (referred to as either "We", "Us" or "Our" in this Agreement) refers to Hollow Owl Games.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Service refers to the Application.
Terms of Use (also referred as "TOU") mean these Terms of Use that form the entire agreement between You and Hollow Owl Games regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You (also referred as "Your") means the individual accessing or using the Service, or Hollow Owl Games or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgment

These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Hollow Owl Games. These TOU sets out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with this TOU. These TOU apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these TOU. If You disagree with any part of these TOU, then You may not access the Service.

You represent that you are over the age of 18. Hollow Owl Games does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Application's Privacy Policy. Our Privacy Policy relating to the Application, describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application and tells You about Your privacy rights and how the law protects You.

Please read the Application's Privacy Policy (available here: https://www.hollowowlgames.co.uk/privacy-policy-pixeled) carefully before using Our Service.

3. Copyright and Intellectual Property

3a. Unless otherwise stated, Pixeled and/or its licensors own the intellectual property rights for all material in Pixeled. All intellectual property rights are reserved.

You must not:

Republish material from the Application.
You may not share or make the Application available to third parties, sell, rent, lend, lease, or otherwise redistribute the Application or its content.
You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Hollow Owl Games’ prior written consent).
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

3b. Nothing in these TOU should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

4. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Hollow Owl Games.

Hollow Owl Games has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Hollow Owl Games shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms of use and privacy policies of any third-party web sites or services that You visit.

5. Termination

We reserve the right, in Our sole judgment:

(i) To remove, prohibit, disable access to, or refuse to transmit, any User Content.

(ii) To restrict, suspend, discontinue, or terminate access to the App or any portion thereof at any time with or without prior notice or explanation, for any or no reason, and without liability.

Upon termination, Your right to use the Service will cease immediately.

6. Limitation of Liability

Notwithstanding anything contradictory set out in this TOU, Hollow Owl Game's aggregate liability to you, for any cause, no matter the form of the action will always be limited to one dollar ($1 USD).

To the maximum extent permitted by applicable law, in no event shall Hollow Owl Games or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, exemplary, or punitive damages, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), resulting from, or arising out of your use of the Application and any of our other products or services, even if Hollow Owl Games or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

These exclusions and limitations will still apply regardless of any expiration or termination of your use of or access to any of our products or services.

7. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Hollow Owl Games, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, Hollow Owl Games provides no warranty or undertaking, and makes no representation of any kind, express or implied, that the Service will:

(i) Meet Your requirements

(ii) Achieve any intended results

(iii) Be compatible or work with any other software, applications, systems, services, or devices, operate without interruption

(iv) Meet any performance or reliability standards

(v) Be error free or that any errors or defects can or will be corrected

(vi) As to the operation or availability of the Service, or the information, content, and materials or products included therein

(vii) That the Service will be uninterrupted or error-free

(viii) As to the accuracy, reliability, or currency of any information or content provided through the Service

(ix) That the Service, its servers, the content, or e-mails sent from or on behalf of Hollow Owl Games are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

9. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Hollow Owl Games.

10. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

11. United States Legal Compliance

You represent and warrant that:

(i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country

(ii) You are not listed on any United States government list of prohibited or restricted parties.

12. Indemnity

You agree to indemnify and hold harmless Hollow Owl Games and its affiliates from and against all claims, losses, liabilities, damages, costs, demands, and expenses, related to:

(i) Your breach of this TOU

(ii) Your use of the App

(iii) Your violation of any law or regulation or of any third-party rights, including any third-party intellectual property rights. The obligations set forth in this Section will survive any termination or expiration of this TOU, the Application's Privacy Policy (found at https://www.hollowowlgames.co.uk/privacy-policy-pixeled), or your use of the Application.

13. Severability and Waiver

13a. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

13b. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

14. Translation Interpretation

This TOU may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

15. Changes to These Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

16. Contact Us

If you have any questions about these Terms of Use, you may email us at hollowowlgames.contact@gmail.com