TERMS OF SERVICE

Last updated: September 27, 2022

The terms of this agreement (“Terms of Service”) govern the relationship between you (“you” or “user”) and UPWAKE.ME 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.

If the user is a child under the applicable laws, he/she may acquire paid In-Service Content only with the parental consent. Pixonic may from time to time request the parental consent confirmation.

If Pixonic reveals that either parental consent was not given by the parent/legal guardian of the user, or in case of failure of the user to provide the parental consent confirmation, Pixonic may withdraw In-Service Content already displayed in the Account of such user, as well as to apply other sanctions provided in this Terms of Service.

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 AND PERMITTED FAN USE

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 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.

You are prohibited from using of any objects that are under Pixonic’s ownership unless otherwise provided in these Terms of Services.

Subject to your compliance with these Terms of Services you are entitled to use images, arts, musical compositions and sounds, audiovisual works, logotypes, game screenshots, animations and any other works (as may be applicable) contained in or associated with the game application titled “War Robots” to create any fan derivative or complex works and products (such as fan art, audiovisual works and videos, merchandize, etc.). This permission applies only to War Robots content, but does not to any other games and Services as well as not to any means of individualization of Pixonic. The use is permitted strictly subject to the following conditions:

•    the use is performed solely in non-commercial purposes. You are not entitled to sell, lease, transfer or otherwise distribute any works or products created with the use of War Robot’s intellectual property for commercial purposes. If you have an intention to use intellectual property owned by Pixonic in commercial purposes, please, contact us at legal@pixonic.com. The only exception is if you participate in partner programs with YouTube, Twitch and etc. (the “Platform”) whereby a Platform may pay you for views of your work if you are accepted into Platform’s partner program. Positive example: a) you produce T-shirts with depiction of robot from War Robots and present it as a gift to your friends and teammates free of any charge; b) you create a fan art using arts from War Robots and publish it on some web site or social network with free access; с) you create a video about War Robots, publish the video on YouTube and receive money from YouTube in the framework of YouTube’s monetization partnership program. Negative example: a) you produce T-shirts with War Robots logotype and charge any fees or benefits for such T-shirts by any means; b) you create any work using arts from War Robots and charge fees for the access to such works;
•    the use does not harm or damage Pixonic’s business reputation and does not have any negative influence on the Pixonic’s reputation or reputation of War Robots. While creating any works or producing any product (as well as in connection with publishing and distributing such works and products) you shall not use any War Robots content in connection to any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content or association. Damage of reputation is a subjective category, thus, Pixonic reserve the right to interpret any use of intellectual property contained in War Robots at its sole discretion. Positive example: a) you create some funny stuff that does not offend anybody and does not lead to negative associations with Pixonic and War Robots; Negative example: a) you create an image with robots from War Robots demonstrating the use of illegal drugs or with robots having any fascist symbols; b) you create a work that offend religious people or people of any nationality; c) you publish your work that contains War Robots content on porn resources; d) you produce T-shirt containing War Robots logotype and then make a photo or video of burning of such T-shirt;
•    the use does not contain any references that a work or product is an official production of Pixonic or contain terms such as “official”, “authorized” or similar language, that in any way indicates or creates the impression of an endorsement by or affiliation with Pixonic;
•    the use does not violate any applicable laws and regulations and rights and legal interests of third parties;
•    in case you produce any merchandize with the use of any intellectual property contained in War Robots, the quantity of such merchandize items shall not exceed fifty items; 

Please, be notified that you shall not own any intellectual property rights and propriety rights in relation to any derivative works or complex works with the use of any intellectual property object owned by Pixonic. Pixonic shall own any such rights, except moral rights, and Pixonic may use works created by you without any compensation to you or third parties. Pixonic may at any time require you to delete or destroy any works or products created on the basis of Pixonic’s intellectual property without any compensation in case Pixonic finds such works and products inappropriate. 

In case you create any works or produce any products in violation with provisions contained in the present Section of these Terms of Services Pixonic may use any remedies to protect its rights in accordance with these Terms of Services and applicable laws.

You agree to defend, indemnify and hold Pixonic harmless from any claims, litigations, actions, damages or fees of any kind (including reasonable attorney's fees) arising from breach of conditions of using Pixonic’s intellectual property indicated in the present Section of these Terms of 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, as well as if you do not use your Account for a period of twelve (12) or more months. 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.