Terms of Use

Terms of Use

This Terms of Use (“Terms”) is a legally binding agreement that governs your use of Pixel Stream LLC and/or the games and applications offered by Pixel Stream LLC. (“Pixel Stream”, or “we”) and accessed through our applications for the iPhone OS (defined below) (“Pixel Stream Applications”), and interactive platform provided in connection with Pixel Stream Applications, and the jumpthestream.com domain and its sub domains (“Sites”) (any and all of the foregoing (the “Services”). By using or accessing the Service, you agree to be bound by these Terms.

Please read the following terms and conditions carefully. These Terms govern your access to and use of the Services and Pixel Stream Content (defined below) and set forth the legally binding terms for your use of the Services and Pixel Stream Content, whether or not you have registered as a Member.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR PIXEL STREAM CONTENT.

Certain Definitions

Pixel Stream Applications are published for the iPhone, iPad, iPod Touch and all platforms or devices that are based on or embed current and future versions of Apple’s operating system for these platforms or devices (collectively “iOS”).

1. Access

a) Subject to your acceptance of these Terms, Pixel Stream grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any device(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.

b) Pixel Stream will notify you of any modifications to these Terms with one or both of the following methods: 1) we will post any modifications on www.jumpthestream.com or within the Service, and/or 2) we will send you a message informing you of the modified terms and linking you to the posting at www.jumpthestream.com. You agree that you will, 1) periodically check www.jumpthestream.com for updates to these Terms, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to www.jumpthestream.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.

c) Pixel Stream reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

d) You agree to be bound by any application, forum, or game specific rules published within the Service.

e) Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Pixel Stream’s copyrights in and to the Service. Pixel Stream reserves the right to terminate your access to the service without notice if you violate these Terms.

f) Pixel Stream Reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Pixel Stream had actual notice on the date of amendment.

g) You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

h) During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Pixel Stream reserves the right to suspend or terminate your Pixel Stream Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

2. Ownership of Intellectual Property

a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Pixel Stream and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Pixel Stream, the Pixel Stream logos, and all game names are trademarks of Pixel Stream and may not be used without the express written permission of Pixel Stream.

b) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Pixel Stream.

c) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.

3. In-Game currencies/goods

a) The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to credits, that may be awarded in-game. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Pixel Stream or any other party.

b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.

c) Pixel Stream has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Pixel Stream shall have no liability to you or anyone for the exercise of such rights.

d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Pixel Stream Zing Network Service and possible legal action.

e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Pixel Stream’s sole and absolute discretion, or if Pixel Stream discontinues providing the Service.

4. User Content

a) The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Pixel Stream and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any material you transmit to Pixel Stream will be treated as non-confidential and non-proprietary.

b) You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Pixel Stream incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

c) You grant to Pixel Stream the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.

d) Pixel Stream has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Pixel Stream does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.

e) Pixel Stream has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Pixel Stream may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Pixel Stream reserves the right to treat User Content as content stored at the direction of users for which Pixel Stream will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Pixel Stream’s attention.

f) You acknowledge that you do not rely on Pixel Stream to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

5. Interactions between Users

You are solely responsible for your interactions (including any disputes) with other users. You understand that Pixel Stream does not in any way screen Pixel Stream users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Pixel Stream users. You agree to take reasonable precautions in all interactions with other Pixel Stream users, particularly if you decide to meet an Pixel Stream user offline, or in person. Your use of the Site, Services, Pixel Stream Content and any other content made available through the Site or Services is at your sole risk and discretion and Pixel Stream hereby disclaims any and all liability to you or any third party relating thereto. Pixel Stream reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms. You will cooperate fully with Pixel Stream to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Pixel Stream representatives access to any password-protected portions of your Pixel Stream Account.

6. Usage Rules

a) As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Service.

b) You agree that your use of and conduct on the Service shall be lawful and your User Content will not:

i) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

ii) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;

iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;

iv) promote violence or describe how to perform a violent act

v) violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or

vi) be in violation of these Terms or the game rules of conduct (collectively “Content Restrictions”).

c) You and your activities on the Service will not:

i) reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;

ii) attempt to impersonate any other party;

iii) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;

iv) trick, defraud or mislead Pixel Stream and other users, especially in any attempt to learn sensitive account information such as passwords;

v) make improper use of Pixel Stream’s support services or submit false reports of abuse or misconduct;

vi) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;

vii) disparage, tarnish, or otherwise harm, in Pixel Stream’s opinion, Pixel Stream and/or the Service;

viii) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Pixel Stream on the Service;

ix) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create;

x) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;

xi) sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or

xii) engage in cheating or any other activity deemed by Pixel Stream to be in conflict with the spirit or intent of the Service.

d) Pixel Stream does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Pixel Stream specifically disclaims any responsibility with regard thereto.

7. Privacy and Protection of Personal Information.

See Pixel Stream’s Privacy Policy at http://www.jumpthestream.com/privacy-policy/ for information and notices concerning Pixel Stream’s collection and use of your personal information. If you have any questions about the Pixel Stream’s Privacy Policy, please contact Pixel Stream at info@jumpthestream.com.

8. Account Responsibility

During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Pixel Stream reserves the right to suspend or terminate your Pixel Stream Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Pixel Stream of any unauthorized use of your Account.

9. Disputes with Others

a) We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Pixel Stream and hereby agree to indemnify Pixel Stream 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 dispute.

10. Disclaimers; Limitations; Waivers of Liability

a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER PIXEL STREAM NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “PIXEL STREAM PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE PIXEL STREAM PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PIXEL STREAM PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PIXEL STREAM PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

c) UNDER NO CIRCUMSTANCES WILL THE PIXEL STREAM PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID PIXEL STREAM IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

11. Indemnification

a) You agree to defend, indemnify and hold harmless the Pixel Stream Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

12. Governing Law/Waiver of Injunctive Relief

a) This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Diego County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Diego County, California.

b) You acknowledge that the rights granted and obligations made hereunder to Pixel Stream are of a unique and irreplaceable nature, the loss of which shall irreparably harm Pixel Stream and which cannot be replaced by monetary damages alone so that Pixel Stream shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

c) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms (“Dispute”), you and Pixel Stream agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Pixel Stream LLC, PO BOX 23773 San Diego, CA 92193, ATTENTION: LEGAL DEPARTMENT.

d) Binding Arbitration. If you and Pixel Stream are unable to resolve a Dispute through informal negotiations, either you or Pixel Stream may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Pixel Stream will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Pixel Stream may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

e) Restrictions. You and Pixel Stream agree that any arbitration shall be limited to the Dispute between Pixel Stream and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

f) Exceptions to Informal Negotiations and Arbitration. You and Pixel Stream agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Pixel Stream’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

13. Waiver/Severability

a) The failure of Pixel Stream to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Pixel Stream’s right to assert or rely upon any such provision or right in that or any other instance.

b) You and Pixel Stream agree that if any portion of these Terms, except any portion of section 12(e), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section 12(e) is found to be illegal or unenforceable then neither you nor Pixel Stream will elect to arbitrate any Dispute falling within that portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of San Diego, State of California, United States of America, and you and Pixel Stream agree to submit to the personal jurisdiction of that court.

14. Statute of Limitations

a) You and Pixel Stream both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

Contact Us

If you have any questions about these Terms, please contact Pixel Stream at info@jumpthestream.com.

 
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