TERMS OF USE

These Terms and Conditions of Use (hereinafter referred to as “Terms of Use”) govern the relationship between user (“User”) and PIXEL REVOLUTION INC. (the “Company”) and set forth the rights, obligations, responsibilities and other necessary matters of the Company and its Users regarding he game/app, website, blockchain services and other services that the Company provides.

User may use the services by acknowledging that the User is at least eighteen (18) years of age, legally competent to use the services (or legally competent under the laws of the country of residence), and by fully understanding and agreeing to be bound by these Terms of Use.

The Company shall post the contents of these Terms of Use on the Service or on the service screen for the Users to acknowledge, and User will be deemed to have agreed to the Terms by clicking ‘Accept’ button provided herein.

The Company may change or modify these Terms of Use at any time in accordance with relevant laws and regulations and at its free will, and the Company shall post any changes made and effective date, if changes are required for confirmation.

You shall be deemed to have acknowledged and accepted the changes to the Terms of Use if you continue to use the Services following the posting of the revised Terms of Use. If you do not agree to any changes to these Terms of Use, you hereby acknowledge and agree that your sole and exclusive remedy is to suspend using the Service.

You hereby agree to enter into the Terms of Use electronically and to store records in relation to these Terms electronically.

TERMS OF USE

  1. User may accept these Terms of Use and register a valid account if a User has the legal capacity to use the Services and are not restricted from using the Services by laws of the residing country. However, if a User does not have the legal capacity to use the Services, is prohibited by the laws of country of residence, or does not agree to these Terms, the User may not use the Services.

  2. User may register a valid account to use the Service, and this shall be done with an account provided by a third-party service provider permitted by the Company.
    The Company hereby reserves the sole right to add, change or delete the list of the Third-Party Service Providers accordingly.
    User data collected by the Company through account registration shall be processed securely and appropriately in accordance with the Company’s Privacy Policy and Data provided by the Company to Third Party Service Provider to trade or exchange Digital Assets through the Services shall be processed in accordance with Privacy Policy set forth by the Company and the Third Party.

  3. The Company may refuse or restrict the User’s use of the Service or account registration, and may suspend or restrict the User’s use of the Service, in whole or in part, if the User falls or expected to fall under the purview of the following items:
    1. If the User does not have the legal capacity to use the service; or
    2. If the User provides false information or fails to provide information requested by the Company; or
    3. If the use of the Service is prohibited under the laws of the User’s country of residence or may pose a risk of violating any laws; or 
    4. If the User is involved in, or is reasonably suspected of being involved in money laundering or other crimes; or If the User is a resident of a country where the Company has not provided the Services, or if the use the Services is done in an abnormal or circumventive manner in a country where the Services have not been provided to; or 
    5. If the User’s account registration violates any applicable law or regulation; or
    6. If a User steals or misappropriates another person’s information or device; or
    7. If a User abuses the payment system and its policies in the Service or repeatedly refunds funds to acquire only the goods of the Service without duly paying the Company usage fee; or 
    8. If the acceptance to the Terms is deemed inappropriate for reasons falling under each of the preceding paragraphs; or 
    9. User reserves the responsibility to maintain the confidentiality of the User’s account login information and is solely responsible for the use of one’s own account. User may not use another user’s account or allow anyone else to use your account. User has the sole responsibility for all actions taken in connection with one’s own account (including but not limited to sales, exchanges of Digital Assets and other activities that may occur surrounding thereto) and User hereby acknowledges and agrees that the Company shall not be liable for any loss or damage that may result therefrom. The Company shall not bear any responsibilities from any losses arising from fraudulent or other unauthorized access to the User account. 

  4. When user creates a game account for playing games, you understand that, simultaneously, an ISKRA platform service account with the same email address will be created. Accordingly, you acknowledge and agree to be bound by the following ISKRA platform service terms and conditions. [https://iskra.world/user/termofservice]

Service

  1.   Users may store acquired Digital Assets (including but not limited to game tokens and NFTs) in their account based on their Private Key in the Service. The contents of the Digital Assets (NFTs) stored in the user’s account may be changed, in part, while using the game services provided by the Company. 

  2. The Company shall not be responsible for any transaction errors that may occur due to reasons attributable to the User, such as loss or misplacement of the transaction password, errors in entering the Public Key or nickname. User hereby acknowledges and agrees that the User is solely responsible for any loss of value and other losses that may occur as a result of the transaction activities. 

  3. User’s account or wallet and Digital Assets are entirely under the control of the User, thus the User is solely responsible for the storage and transmission of the Digital Assets. The Company does not bear any responsibility for any transactions including the storage and transfer of Digital Assets of the User.
     
  4. The Company shall not be responsible for any loss of Digital Assets that may occur for any reason, including but not limited to errors in the relevant blockchain protocols or the security of network operations.  
     
  5. User hereby acknowledges that the Company is not obligated to provide refunds for any reason, thus User will not receive any money or other compensation for unused Virtual Items when the account of a User becomes suspended, whether voluntarily or involuntarily.
     
  6. The Company duly reserves the right to own, grant license for and use all content relating to virtual currency and goods in the Game and on the Service. User hereby agrees that User has no right or ownership to any such content, including any virtual goods, items, or commodities generated, acquired or purchased in the Game. 

  7. Notwithstanding the contents stipulated in above clause, the Company does not retain any limited rights or ownership of FTs (fungible tokens) or NFTs (non-fungible tokens) stored in your digital wallet. If you sell or transfer an NFT, your right to use the Content associated with the NFT will immediately terminate, and the person acquiring the NFT will receive a limited revocable right to use the same Content associated with the NFT in accordance with these Terms of Use. 

REPRESENTATION

Regarding the Service use, User agrees that: 

  1. All information User offers is complete, truthful, accurate and up-to-date. 

  2. User reserves the legal capacity to comply with these Terms and fully understand contents therein. 

  3. User shall not use bots, scripts, or automated non-human means of a similar kind to access the Services. 

  4. User shall not use the Services for any illegal or unauthorized purpose. 

  5. User’s use of the Services, etc. does not violate any current laws or regulations. The Company reserves the right to suspend or terminate the User’s account and refuse the User’s Service use, if the User’s information, etc. is unreliable or inaccurate. 

  6. User may only own one account connected to one device at a time, and shall not commit fraud, use illegal data, use other software for unjustified gain, access the Company’s assets without the consent from the Company and attempt to cause damage, and fully understand that the Company may take legal action if such illegal behavior is identified. 

  7. User fully understands that certain activities related to the blockchain service may constitute regulated activities as defined by applicable laws under certain jurisdictions. User understands that the Company makes no representation as to the suitability of the Services for regulation as defined by law and does not guarantee compliance with any laws or regulations governing such Services. User understands that the User shall bear a sole responsibility to comply with all applicable laws and regulatory requirements, including financial laws, that may be issued in connection with the use of the Services. 

FEE AND PAYMENT

  1. User may purchase NFTs within the Service. NFTs with different gameplay, special skills can be purchased and NFTs can also be traded on you own with other users through third-party services. 

  2. User fully understands that such transactions are carried out only through the blockchain through designated wallet. The Company does not store any information in this regard, does not support any means to reverse the transactions made, and does not assume any liability to the User or any third party for any issued occurred with the transaction. 

  3. User may pay a transaction fee for all transactions that may be made within the Service. In addition to the fee, User must pay fee which accounts for a portion of the total amount of the transaction when conducting a transaction with another user using a smart contract. 

  4. The transactions made by the User are final. Any completed transaction are irreversible and no refunds shall be made for the transaction amount and fees.

OBLIGATIONS

  1. User may not use any of the following nicknames when using the Service. If a User uses any of the following, the nickname may be changed and the use of the Service may be restricted, in part or whole, at the Company’s sole discretion.
    1. A nickname that may be offensive to other users; or
    2. A nickname that demeans or disparages people of a particular race, religion, or group; or
    3. A nickname that may mislead other users as being associated with the Company providing the Services or its affiliates; or
    4. A nickname that is intended to interfere with the Service provision or to hamper the interests of the Company; or
    5. A nickname that infringes on the trademark rights of a third party or that may be deemed to advertise certain item; or
    6. A nickname that impersonates other users.

  2. Users shall not engage in any of the following behaviors when using this service. If a User is reasonably suspected of having to or intending to engage in any of the following actions, the Company may restrict the use of the Service in whole or in part or terminate the Agreement with the relevant User.
    1. Any behavior that may cause interruption or failure of the Service; or
    2. Any behavior that may unreasonably increase the value of the asset in Service of the User or others, thereby posing direct or indirect damage to the Service and other users; or
    3. Any behavior that causes damage to the Services by intentionally or repeatedly acquiring goods, items, benefits, etc. on the Services provided, and refunding, canceling, or terminating the same; or
    4. Any behavior of stealing or illegally accessing other people’s information; or
    5. Any behavior of lending or transferring the right to use the Service to others or granting them access to transaction passwords or related password; or
    6. Any infringement on the intellectual property rights of the Company, affiliated service providers, or any other third party; or
    7. Any behavior of installing any illegal software or code or technically defeating any security measures within the Services (including distribution or discussion of methodology to do so); or

  3. User must not store one’s transaction password or secondary password on any website or location easily accessed or stolen by third parties, and keep the transaction password and secondary password safely through appropriate means. If a User enters the password more than the permitted number of times, this may result in suspending the User’s transaction activity for a set period for security purposes.

PRIVACY POLICY

  1. Company may collect, process, use and provide Users’ personal information in accordance with the Company’s Privacy Policy while providing the Service. 

  2. By using the Service, User hereby consents to the collection, processing, use or provision of one’s own personal data in the manner specified by the Company’s Privacy Policy. If a User does not agree to the Company’s privacy policy, one’s use of the Service shall be restricted.

  3. User hereby agree that the Service cannot be provided privately or securely and that the Company makes no warranties of any kind. User shall be responsible for taking all necessary and appropriate precautions and measures before using the Service. 

LICENSES and INTELLECTUAL PROPERTY

  1. User hereby acknowledge that all copyright, trademark and other intellectual property rights in and to all materials available on the Service are owned or licensed to the Company.

  2. User fully understands and agrees that the rights granted hereunder are personal, non-exclusive, non-transferable, and non-sublicensable to use the Service. 

  3. User shall not cancel or disable any security measures applied to the Service at one’s own discretion or engage in reverse engineering or hacking of the Service. 

  4. Unless receiving a written consent from the Company, User may not use the Service or any materials contained in the Service for any other purpose, including reproduction, transmission, distribution, or otherwise, or allow any third party to use it for their own commercial purposes. User may not rent, sublicense, sell, assign, mortgage, or otherwise transfer the Service or any materials contained in the Service, or remove, obscure, or alter any content, proprietary intellectual property rights, and other rights associated with the Service. 

  5. User shall not create or use anything that is identical or similar to any name, trade name, trademark, or other mark representing a business, such as the names, trade names, and trademarks of the Company or any third party, to display the goods or services of the Company or any third party service provider when using the Service. 

SUSPENSION AND ALTERATION OF THE SERVICE

The Company may suspend the Services, in part or whole, in the following cases. In such case, the Company may notify the User of the reason and period of the suspension in advance using appropriate means of notification. However, the Company may notify the suspension afterwards if there are unavoidable circumstances which hinders a prior notification. 

 

  1. If the suspension is required for system operation, such as regular system maintenance, securing the stability of the network, and expansion and replacement of servers.

     

  2. If the Company is unable to provide the Service normally from power outage, failure of Service facilities, congestion of service use, repair or maintenance of major telecommunications carrier facilities, etc. 

     

  3.   In case of wars, events, natural disasters or other national emergencies of equivalent impact that are beyond the control of the Company.

     

  4. When it is necessary for Company to respond to unexpected service instability, such as electronic infringement such as hacking, telecommunication incidents, or abnormal service use of Users.

     

  5. If the Service is unavailable due to the enactment or revision of relevant legislations, such as the suspension of the digital asset market. 

INDEMNITY

  1. The Company does not predict or guarantee the profit or loss of Digital Assets that the User acquired or disposed of through the Company’s services, and is not responsible for the results arising therefrom. 

  2. The Service of the Company does not guarantee the integrity of the blockchain network and the Users themselves must confirm the result of transaction when transacting Digital Assets.
     
  3. The Company is not responsible for any deletion, loss, failure, corruption of data or information related to the Company’s services or device.
     
  4. The Company does not guarantee the legality, integrity, safety, or accuracy of websites, services, etc. that can be accessed through third-party platforms that are not directly provided by the Company. 

  5. The Company shall not be liable for any loss or damage of any kind incurred to the User as a result of unauthorized use by third parties or loss of transaction passwords, secondary passwords resulting from actions or omissions taken by the User to manage his/her account. 

  6. The Company is not responsible for any errors arising while transferring Digital Assets caused by the User’s negligence (such as incorrect input of a Public Key or nickname). 

  7. The Service may be temporarily suspended for technical or maintenance reasons under certain circumstances, and User hereby agree that the Company shall not be liable for any loss of information, data, transactions arising from the unavailability or suspension of the Service. 

  8. The Company shall not be liable for any damages incurred to a User by unauthorized access to the Service, infiltration of computer viruses, or acts of third parties. 

  9. The Company is not responsible for any disputes arising between Users and third parties resulting from the use of the Service. The Company shall not be liable for any direct or indirect damages resulting from malfunctions, errors of device or information leakage caused by malware, spyware, viruses, or hacking by Users or third parties 

  10. The Company may change or alter the services provided if needed and shall take responsibilities for any direct or indirect damages of an intangible nature. 

  11. When using a service provided through third-party platforms, User must fully understand, review, and agree to the terms and conditions set forth by the third-party platforms and take full responsibility for any damages and risks that may be incurred by using them. 

  12. The Company does not guarantee the continuation of the Company and the Services and does not guarantee that the details of the Services are eternal. 

  13. If you are dissatisfied with any part of the Service or the terms of the Agreement, your sole and exclusive remedy is to discontinue using the Service. 

REVOCATION

  1. The Company may suspend or terminate the Service access of the User (including deletion of account information) and may revoke the limited rights granted to User at any time without prior notice. The Company shall not be obligated to provide any refunds, benefits or other compensation to the User in connection with such suspension or termination. 

  2. The Company may terminate or delete User’s account without warning if the Company determines that the User has seriously violated these Terms of Use (including repeated material breaches). The Company may also suspend or terminate User account for any other reason that the Company deems appropriate at its own discretion.
     

  3. The User may terminate these Terms of Use by cancelling one’s own account from the Service, regardless of the possession of Digital Asset in the User account. A terminated account cannot be revoked cancelled at User’s own will. 

SEVERABILITY

Should any provision of these Terms of Use is held illegal, invalid or unenforceable for any reason or to any extent, under applicable local law or the jurisdiction of any applicable court, such provisions shall be severed with the remaining Terms continuing to be in full force and effect. 

DISPUTE RESOLUTION AND GOVERNING LAW

  1. User hereby agree that any dispute between the User and the Company arising out of or in regards to the use of the Services provided by the Company or these Terms, in whole or in part, shall be governed by the laws of the Republic of Panama. 
  2. All communications and notices made or given under these Terms shall be in the English language. 

 

Last updated on 15 February 2024 

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