TERMS OF USE

Definitions

  • "Content": Any information, materials, documents, text, images, video clips, directories, files, databases, listings, services, and/or mechanisms provided, produced, hosted by, linked to, or accessed through use.

  • "Information": Information, data, content, analysis, news, reports, programs, photographs, pictures, graphics, video, audio, software, and other materials and services, communications, transmissions, and other items, tangible or intangible.

  • "Personal Data": Personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts, other personal details, and credit card information).

  • "Services": Online and offline services provided by Pixeled Studio Ltd., Pixeled Studio Ltd. events, industry insights, and such other services as may be offered from time to time on the Website.

  • "Pixeled Studio Ltd.", "we", "our" or "us": Pixeled Studio Ltd.

  • "Pixeled Studio Ltd.'s Affiliates", "Our Affiliates": Pixeled Studio Ltd.'s agents or licensors, and their respective agents, officers, affiliates, and employees.

  • "Terms of Use": The terms of use set forth below as amended from time to time.

  • "Third Party Provider": Any provider of Information or services (including third-party payment processors) on the Website other than Pixeled Studio Ltd.

  • "Users", "you" or "your": Any person who accesses the Website.

  • "Website": www.pixeledstudio.com, including the Services offered therein, and any other website(s) from time to time hosted or linked up by Pixeled Studio Ltd.

PLEASE READ THE TERMS OF USE SET FORTH BELOW, AS THEY APPLY TO YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS OF USE AND AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE TERMS REFERENCED HEREIN ABSOLUTELY.

1. Changes to Website

We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Information from the Website, or alter the presentation, substance, or functionality of the Website.

2. Change of Terms

We may amend the Terms of Use from time to time in our sole discretion without notice or liability to you. By continuing to use the Website following such amendments to the Terms of Use, you agree to be bound by such amendments.

3. User’s Conduct

As a condition of your use of the Website, you must not:

  • Trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorized by us.

  • Restrict or inhibit any other user from using and enjoying the Website.

  • Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law.

  • Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication, or engage in spamming or flooding.

  • Post or transmit any Information or software which contains any virus, trojan horse, worm, or other harmful component.

  • Post, publish, transmit, reproduce, distribute, exploit or use in any way any Information obtained through the Website for or in connection with the following purposes:

    • Conducting any direct marketing activities and/or disseminating or circulating any part of the content of any unsolicited publicity or advertising materials.

    • Advertising and/or promoting any goods and services.

    • Sale or exchange of any part of the Information obtained through the Website for any benefits, gain, profit, or rewards.

    • Any other commercial purposes.

  • Upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website which is protected by copyright, or other proprietary rights, or create derivative works with respect thereto, without the prior written permission of the copyright owner or right holder.

You have no rights in or to the Information available from time to time on the Website and you will not use the Information available from time to time on the Website in any manner or for any purpose, except as permitted under these Terms of Use.

4. Access

We reserve the right at all times to prohibit or deny your access to the Website or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in the Terms of Use or that such prohibition or denial is appropriate, desirable, or necessary in our sole discretion.

Whilst we implement appropriate security measures to control access to the Website (please see our Privacy Policy Statement for further details), you must keep your log-in details (if any) confidential and ensure that only you or your authorized employees access the Services for proper purposes.

5. Third Party Information

The Information may contain Information provided by Third Party Providers or sourced by Pixeled Studio Ltd. from other references or sources. The Information on the Website may not be regarded as any recommendation or endorsement by Pixeled Studio Ltd. for any purpose with respect to any person, product, or service.

Pixeled Studio Ltd. is not responsible if any such Information is not up-to-date; Pixeled Studio Ltd. does not separately verify such Information. Accordingly, we do not accept any responsibility whatsoever in respect of such Information. Any use of and reliance on such Information is at your own risk.

6. Links to and from the Website

The links on the Website may take you to other sites and you acknowledge and agree that Pixeled Studio Ltd. and Pixeled Studio Ltd.'s Affiliates have no responsibility for the accuracy or availability of any Information provided by linked websites.

Links to other websites do not constitute an endorsement by Pixeled Studio Ltd. of such websites or the Information, products, advertising, or other materials available on those websites.

7. Indemnity

You agree to defend, indemnify, and hold us and Pixeled Studio Ltd.'s Affiliates harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including without limitation legal fees), in connection with or arising from your breach of any provision in these Terms of Use and/or your use of the Website and/or the Information available from time to time on the Website for any purpose whatsoever (whether or not constituting a breach of any provision in these Terms of Use). We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.

8. Intellectual Property Rights

All intellectual property rights subsisting in respect of the Website belong to Pixeled Studio Ltd. or have been lawfully licensed to Pixeled Studio Ltd. for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of Pixeled Studio Ltd., you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.

9. Limited Liability and Warranty

All Information available from time to time on the Website is for your general reference only. Pixeled Studio Ltd. does not accept any responsibility whatsoever in respect of such Information.

YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS,” “AS AVAILABLE.” THE WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

Neither Pixeled Studio Ltd. nor any of Pixeled Studio Ltd.'s Affiliates shall guarantee or assume any responsibility that:

  • The Information on the Website is accurate, adequate, current, or reliable, or may be used for any purpose other than for general reference.

  • The Information on the Website is free of defect, error, omission, virus, or anything which may change, erase, add to or damage your software, data, or equipment.

  • Messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay, or loss.

  • Access to the Website will be available or be uninterrupted.

  • Use of the Website or Services will achieve any particular result.

  • Defects in the Website will be corrected.

Without limiting the generality of the foregoing, in no event will Pixeled Studio Ltd. or Pixeled Studio Ltd.'s Affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the Information or the Services, even if Pixeled Studio Ltd. or Pixeled Studio Ltd.'s Affiliates have been advised of the possibility of such loss or damages.

In addition, Pixeled Studio Ltd. accepts no responsibility for or liability in respect of Information or services provided by Third Party Providers, nor does it endorse such Third Party Providers. You acknowledge and accept that any dispute in relation to such Information or services is unrelated to Pixeled Studio Ltd. and is solely a matter between you and such Third Party Provider.

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information and use of the Services. You are responsible to ensure that your use of the Information obtained through the Website and the Services in any way for any purpose whatsoever complies with all applicable legal requirements, including without limitation, the data protection law applicable to you.

Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from Pixeled Studio Ltd. as set out in these Terms of Use or otherwise, you are advised to contact us by email at pixeled.sales@pixeledstudio.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

10. Privacy Policy

For information about our privacy policies and practices, please refer to our Privacy Policy Statement. You agree to the use and disclosure of your information in the manner set out in our Privacy Policy Statement (as updated from time to time). For information on our use of cookies, please also refer to our Privacy Policy Statement.

11. Partial Invalidity

The illegality, invalidity, or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.

12. Several Users

If there are two or more persons adhering to these Terms of Use as users, their liability under the Terms of Use is joint and several, and their rights are joint.

13. Miscellaneous

No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.

14. Termination

We may, in our sole discretion and at any time, without prior notice to you and without cause, terminate all or any part of our Services to you and consequently prohibit your right to access the Services and/or the Website and remove any information and data linked to you.

15. Governing Law and Jurisdiction

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

16. Hyperlink Policy

Pixeled Studio Ltd. will be pleased to know your website address if you wish to have it linked to Pixeled Studio Ltd.’s website. Pixeled Studio Ltd. will not permit a website to hyperlink to Pixeled Studio Ltd.’s website if the website contains any materials which are libelous, defamatory, pornographic, obscene, or are in any way in breach of the laws of the Hong Kong Special Administrative Region or infringe any intellectual property rights (including but not limited to copyright) and moral rights. Pixeled Studio Ltd. may, in its sole discretion, require any websites to remove any hyperlink to Pixeled Studio Ltd. at any time. Pixeled Studio Ltd. has no obligation to establish a reciprocal link back to your website following the establishment of a hyperlink from your website to Pixeled Studio Ltd.’s website unless Pixeled Studio Ltd. consents to do so.

17. Requests or Enquiries

Please send your requests to pixeled.sales@pixeledstudio.com.