TERMS OF SERVICE AND USE
These Terms of Service (“Terms”) are a legally binding agreement that governs your use of PipaStudios.com and/or games and applications offered by Pipa Studios or any subsidiary or affiliate (collectively “Pipa Studios” or “us”). This includes any software you have downloaded or are about to download, any software you use on the website or are about to use on PipaStudio.com, any application developed by Pipa Studios for social media (“SNS Apps”), any application created by Pipa Studios for mobile devices (“Mobile Apps”), any software running on Pipa Studios servers (“Pipa Studios Software”), any content, documentation and information in the Pipa Studios domain or any information made available by users through Pipa Studios Software (collectively, “Service”). Pipa Studios Privacy Policy and Pipa Studios Rules of Conduct are hereby incorporated by reference. By registering for, accessing, using and/or downloading any Service, you agree that you are bound by these Terms.
1. Accessing the Pipa Studios Services
A. Subject to your acceptance of and ongoing compliance with these Terms and any other relevant Pipa Studios policies, as well as the Rules of Conduct, we grant you a personal, non-exclusive, non-exclusive license transferable, revocable and limited license to install, use and display the Service and related software (excluding source and object code) for your personal, non-commercial (or non-commercial home use) use on a mobile device or machine(s) in which you are the main 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 permitted in this agreement. You may not access or use for commercial purposes any part of the Services or any services or materials available through the Services.
B. Pipa Studios reserves the right to change these Terms in any way and at any time. However, no changes to these Terms will apply to a dispute with Pipa Studios prior to the modification.
C. We will notify you of any modifications to the Terms by one or both of the following methods: 1) posting the modifications on www.pipastudios.com or within the Service, and/or 2) sending a message that the Terms have been modified, linking it to the publication at www.pipastudios.com. You agree that you will: 1) periodically check www.pipastudios.com for updates to these Terms and 2) read messages we send to inform you of any changes. You agree that you will be deemed to have been made aware of any modifications once we post them on www.pipastudios.com. You agree that you will continue to be bound by these Terms whenever they are updated, revised, completed, modified or changed, if you continue to use the Site thereafter.
C. We will notify you of any modifications to the Terms by one or both of the following methods: 1) posting the modifications on www.pipastudios.com or within the Service, and/or 2) sending a message that the Terms have been modified, linking it to the publication at www.pipastudios.com. You agree that you will: 1) periodically check www.pipastudios.com for updates to these Terms and 2) read messages we send to inform you of any changes. You agree that you will be deemed to have been made aware of any modifications once we post them on www.pipastudios.com. You agree that you will continue to be bound by these Terms whenever they are updated, revised, completed, modified or changed, if you continue to use the Site thereafter.
D. Pipa Studios reserves the right to discontinue the service, or to change the content of the Service in any way, and at any time, with prior notice, without liability.
E. You agree to comply with any specific rules posted on any of the Services you use, whether applications, forums or games.
F. Your use of the Service is conditioned on your compliance with these Terms and any use of the Service in violation of these Terms will be considered a violation of the Intellectual Property Rights of Pipa Studios. We reserve the right to terminate your access to the Service, without prior notice, if you violate these Terms.
G. You represent that you are 18 years of age or older.
2. Intellectual Property Rights
A. Unless otherwise specified in writing, all materials that form part of the Service are owned, controlled or licensed by Pipa Studios, and are protected by law from unauthorized use. All content on the Service is proprietary under the Copyright Laws of the British Virgin Islands and/or similar laws of other jurisdictions. Pipa Studios, its logos and all game names are registered trademarks of Pipa Studios and may not be used without its express written permission.
B. You do not acquire any ownership rights by using, downloading or uploading the Service or by purchasing any virtual goods.
C. You agree not to copy, redistribute, publish or exploit material from the Service, except as expressly permitted, without the express written permission of Pipa Studios. You must not copy (and must not allow any third party to) modify, create a derivative work of, reverse engineer, reverse assemble or attempt to discover the source code of, sell, assign, sublicense, pledge or otherwise transfer any right about the Services.
D. All comments, opinions, suggestions, ideas and other submissions (“Ideas”) disclosed, submitted or offered to Pipa Studios, in connection with the use of the Service, are the exclusive property of Pipa Studios. Such ideas will be non-confidential and we will have no obligations to you, contractual or otherwise. You agree that we may use, sell, exploit and disclose the ideas in any way, for any purpose, commercial or otherwise, without restriction, without attribution and without compensation to you.
3. In-Game Currencies/Goods
A. The service may include a virtual and in-game currency (“Virtual Currency”), including, but not limited to coins, cash, credits or points, which can be purchased from Pipa Studios with “real world” money, if you are a legal adult in your country of residence. The Service may also include virtual and in-game items (“Virtual Goods”), which can be purchased from Pipa Studios with “real world” money using Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods can never be exchanged for money or “real world” goods or any other items of monetary value from Pipa Studios or third parties.
B. Except for a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title to any Virtual Goods or Virtual Currency appearing on or originating in the Service, or any other attributes associated with the use of the service or stored therein.
C. Pipa Studios has the absolute right to direct, regulate, control, modify and/or eliminate the Virtual Currency and/or Virtual Goods as it sees fit at its sole discretion and we shall have no liability whatsoever to you or anyone for exercising of such rights.
D. Transfer of Virtual Currency and Virtual Goods is strictly prohibited except as expressly authorized in the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods with “real world” money or any other form of exchange of value. Any attempt to do so is a violation of the Terms and may result in a lifetime ban from the Pipa Studios Services and possible legal action.
E. You agree that all sales of Virtual Goods and Virtual Currency are final. No refunds will be given other than in our sole and absolute discretion. All Virtual Goods and Virtual Currency are forfeited if your account is canceled or suspended, for any reason, in Pipa Studios' sole and absolute discretion, or if Pipa Studios stops providing the Service.
4. User Content
A. The Service may invite you to chat or participate in blogs, online forums, and other features, and may provide you with the opportunity to create, submit, publish, display, transmit, perform, publish, distribute or transmit content and materials to Pipa Studios and/or through 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 us will be treated as non-confidential and non-proprietary.
B. You agree that the User Content is entirely original and you exclusively own the rights to your User Content, including the right to grant all rights and licenses under these Terms, without Pipa Studios incurring any obligation or liability to any third party arising from the your exercise of the rights granted to you herein.
C. You grant to Pipa Studios the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid, royalty-free license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, perform, transmit, publish, modify, create derivative works of, retitle, reformat, translate, archive, store or exploit in any way all or part of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; in or through any media, software formula or medium now known or hereafter known and with any technology or devices now known or later developed and to advertise, market and promote even.
D. Pipa Studios has no obligation to monitor or enforce any intellectual property rights that may be associated with User Content, but we have the right to enforce such rights through any means we deem appropriate, including by bringing control of shares in your name.
E. Pipa Studios 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. We may move, reformat, edit, alter, distort, remove or refuse to exploit User Content without notice and without liability, provided, however, that we reserve the right to treat User Content as content stored in the direction of users for whom we will not exercise editorial control, other than to enforce third party rights and content restrictions set forth below, when violations are brought to Pipa Studios' attention.
F. You acknowledge that you do not rely on Pipa Studios to monitor or edit the Service and that the Service may contain content that you find offensive. You waive any objections you may have with respect to viewing content.
5. Posting on Other Sites
A. We grant you a limited, revocable license to post an image of your personal avatar and/or screenshot of your account on the Service and any other materials that Pipa Studios specifically gives you notice that may be posted on other websites, on your own personal Website or on a third party website that allows user-directed posting of content, provided that such third party Website (i) is not commercially competitive to Pipa Studios, (ii) does not criticize or injure Pipa Studios, (iii) do not obtain any rights to such content other than a non-exclusive license to publish it at your direction, (iv) do not charge for access to such content or associated products, services or advertisements, provided that the website where the link resides and all other locations linked to by the Site comply with all applicable laws and do not in any way: abuse, defame, stalk, threaten or violate rights of privacy, publicity, intellectual property or other rights legal rights of third parties or in any way publish, publish, distribute, disseminate or facilitate any inappropriate, unlawful, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable material or information (an “Authorized Website”). All Pipa Studios rights and features are expressly reserved and we may revoke this limited license, in whole or in part, upon notice.
B. Conditions for Posting on Other Sites: Without limitation, the following Terms and Conditions apply to your posting of a copy of your avatar and/or screenshots on an Authorized Website: i) You must display a prominent link to the Services homepage together with the use of any content permitted below, including, without limitation, in emails you are sending to friends, and ii) You agree to include, and not remove or alter, the trademark, copyright, or any other proprietary notice of Pipa Studios as provided by us on the Service and on our web page(s) when displaying a Pipa Studios avatar or game images.
6. Usage Rules
A. As a condition of your use of and access to the Service, you agree to comply with the Usage Rules, which are provided as an example and not as a limitation, and any specific application or game rules posted on the Service .
B. You agree that your use of and conduct on the Service must be lawful and your User Content may not:
i. include any offensive comments that are linked to race, national origin, gender, sexual preference or physical disability; ii. include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language; iii. defame, slander, ridicule, mock, denigrate, threaten, harass, intimidate or abuse anyone; iv. promote violence or describe how to carry out a violent act; v. violate personal property, intellectual, contractual or other rights of any party, or promote and constitute illegal activity; saw. be in violation of these Terms or the game's Rules of Conduct (collectively “Content Restrictions”).
C. You and your activities on the Service may not:
i. disclose any personal information about another individual, including address, telephone number, email address, credit card number, or any information that may be used to track, contact, or impersonate that individual; ii. attempt to pass through any other part; iii. create user accounts by automated means or under false pretenses, or mislead others about the origins of your communications; iv. trick or defraud Pipa Studios and other users, especially in any attempt to discover account information such as passwords; v. misuse our Support Services or submit false reports of abuse or misconduct; saw. 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; viii. denigrate, tarnish or harm the image of Pipa Studios or its Service; viii. violate these Terms or any local, state, federal or international law, rule or regulation, or any other requirements or restrictions posted by Pipa Studios and, any Service; ix. disseminate or transmit viruses, worms, Trojan horses, RATs, keylogs, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; x. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or any other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any user's uninterrupted use and enjoyment of the Service and User Content or modify, damage, disrupt, alter or interfere with the use, features, functions, operation or maintenance of the Service and User Content; xi. copy or adapt the Service's software, including but not limited to Flash, PHP, HTML, JavaScript or other code; xii. reverse engineer, decompile, disassemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service; xiii. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collector or transmission mechanism, including without limitation, Graphics Interchange Format (“gifs”), 1×1 pixels, web bugs , cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “PCMS”); xiv. except as a result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including without limitation, any spider, robot (or “bot”), cheat utility, or offline readers -line that accesses the Service, or uses or launches any unauthorized script or other software; xv. cover or obscure any notice, banner or advertisement on the Service; xvi. disguise the origin of your User Content or other information you submit to the Service or use tools that anonymize your internet protocol address (anonymous proxy, for example) to access the Service; xvii. interfere with or circumvent any security feature of the Service or any feature that limits or enforces limitations on use of or access to the Service, User Content or Collaborative Content; xviii. sell the Service or any part thereof, including but not limited to Virtual Goods or Virtual Currency, user accounts and access, in exchange for real money or items of monetary value, or xix. participate in fraud or any other activity considered by Pipa Studios to conflict with the spirit or intent of the Service.
D. Pipa Studios does not control or endorse the content of messages and information found in parts of the Service's User Content or external websites that may be linked to/from the game or its forums. You agree that we have no liability with respect to User Content.
7. Privacy and Protection of Personal Data.
A. Pipa Studios respects the privacy of visitors to our game. Information collected from you is subject to the relevant policies of the social network. When playing the game, you can give social networks permission to share your email address and any other personal information. Please see our Privacy Policy at www.pipastudios.com for more information about the collection and use of your information.
B. Our Service may also be offered through Mobile Apps, which includes access through mobile devices such as phones and tablets. You agree that information about your use of the Services through your mobile device and carrier may be communicated to us. For additional information about our collection practices, please see our Privacy Policy.
C. You acknowledge and agree to the Privacy Policy, including, but not limited to, the way in which Pipa Studios collects, uses and discloses your personal information, incorporated and part of these Terms. If you do not agree with each and every part of our Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Questions about privacy issues should be directed to support@pipastudios.com.
8. Account Responsibility
A. SNS Apps are only available to people who are registered members of the social network through which they access the game and are in compliance with the social network's Policies and Conditions of Use and Service. When creating your account with a social network, through which you can access the Service (“Account”), you agree to: i. provide true, accurate, current and complete information about yourself (“Registration Data”), and ii. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
B. Users who maintain more than one account on a social network cannot use this multi-account service. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any part thereof).
C. The provider reserves the right to close accounts that have been inactive for 180 consecutive days.
9. Dispute with others
A. We reserve the right, but not the 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 Pipa Studios and agree to indemnify Pipa Studios for claims, demands and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
10. Limitations and Disclaimers
A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS” 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 THOSE PROHIBITED UNDER THE LAWS APPLICABLE TO THE TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY FOR LESS THAN THIRTY DAYS FROM FIRST USE OR THE MINIMUM REQUIRED PERIOD). WE DO NOT WARRANT, WITHOUT LIMITING THE FOREGOING, NEITHER PIPA STUDIOS, NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, LAWYERS, SUPPLIERS, DISTRIBUTORS, LICENSORS OR OR LICENSORS (COLLECTIVELY, “PIPA STUDIOS PARTIES”) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
B. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY CAUSED BY OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE FOR ANY REASON OR ANY ACTION OF ANY COUNTRY, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF WARRANTY, CONTRACT OR TORT AND THAT PIPA STUDIOS PARTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF THE USE OF OR INABILITY TO USE OF THE SERVICE. FURTHER, SPECIFICALLY, YOU ACKNOWLEDGE THAT THE PIPA STUDIOS PARTY IS NOT LIABLE TO AND AGREES NOT TO SEEK TO MAKE THE PIPA STUDIOS PARTIES RESPONSIBLE FOR THE PERFORMANCES 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 THAT ANY LOSS THEREOF RESTS ENTIRELY ON YOU.
11. Indemnification
A. You agree to defend, indemnify and hold harmless Pipa Studios from and against all claims and expenses, including attorneys' fees and costs, arising from your use of the Service and/or your violation or alleged violation of any Terms, condition, obligation, representation or warranty in these Terms. You agree that the provisions of this paragraph will survive any termination of your account(s) or the Service.
12. Applicable Law / Waiver of Rights
A. This Agreement and all aspects of the Service shall be governed by and construed in accordance with the Internal Laws of the British Virgin Islands, regardless of your location. With respect to any dispute or claims that are not subject to informal dispute resolution or arbitration (as defined below), you agree not to commence or pursue any action with respect thereto other than in the state and federal courts located in the British Virgin Islands , and is to 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 the British Virgin Islands.
B. You acknowledge that the rights and obligations granted hereunder to Pipa Studios are of a unique and irreplaceable nature and any loss that may irreparably harm Pipa Studios, and which cannot be replaced in monetary ways alone, we will have the injunctive right to other equitable relief (without obligations to post any bond or security) 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 requests for monetary damages (if any).
C. Informal negotiations. To expedite resolution and control the cost of any dispute, controversy or claim arising out of or in any way related to these Terms or your use of the Services (“Dispute”), you and Pipa Studios agree to first attempt to negotiate any Dispute (except those disputes expressly provided below) informally, at least thirty (30) days before initiating any arbitration or legal proceeding. Such informal negotiations begin after written notice from one party to the other. You will send a letter to Pipa Studios, Vanterpool Plaza, 2nd Floor, Wickhams Cay I, Road Town, Tortola, British Virgin Islands, ATTENTION: LEGAL DEPARTMENT.
D. Waiver of Right to Participate in a Class Action. You and Pipa Studios agree that any arbitration will be limited to the dispute between Pipa Studios and you individually. To the fullest 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, and (3) there is no right or authority for any litigation to be brought in a purported representative capacity, on behalf of the general public, or any other persons.
13. Waiver/Severability
A. The failure of Pipa Studios to require or enforce strict performance by you of any provision of these Terms or to exercise any right of us shall not be construed as a waiver or relinquishment of our right to defend any provision or right in or under any other instance.
B. You and Pipa Studios agree that if any part of these Terms, except any part of section 12(e), is found to be illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall, as such jurisdiction, be ineffective to the extent of such determination of invalidity or ineffectiveness, without affecting the validity or its enforceability in any other form 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 we will elect to arbitrate the dispute pertaining to that part of Section 12(e) found to be illegal or unenforceable and such dispute will be decided by a court of competent jurisdiction in the British Virgin Islands , and you and Pipa Studios agree to submit to the personal jurisdiction of that court.
14. Miscellaneous
A. Pipa Studios operates and controls the Service from its offices in the British Virgin Islands. Pipa Studios does not guarantee that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pipa Studios to any registration requirement within such jurisdiction or country. . Accordingly, persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Service software may be subject to export controls in the British Virgin Islands. Accordingly, no software from this Service may be transferred, exported or re-exported to (or to a national or resident of) Cuba, Iraq, North Korea, Iran or Syria. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or on any such list. The parties specifically waive the application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party, however sections 10-13 will continue to govern any dispute. Furthermore, all representations, warranties, indemnities and promises made by you shall survive. You may terminate these Terms by destroying all Service-related materials obtained from the Pipa Studios Service or any other website or source. The privileges granted under these Terms will terminate immediately and automatically, without prior notice from us, if, in our opinion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party, at any time, without any prior notice. You may not assign these Terms without the prior written consent of Pipa Studios. These Terms contain the entire understanding between you and us, and supersede all prior understandings of the contracting parties relating to the subject matter, and may not be changed or modified except as posted on the Service by Pipa Studios. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed reduced to the extent necessary to make them legal and enforceable and will continue to be, as amended, in full force and effect. No waiver by either party of any breach or omission shall be deemed to be a waiver of any preceding or subsequent breach or default. The section titles used herein are for convenience only and should not be given any legal import. At the request of Pipa Studios, you will provide us with any documentation, substantiation or releases necessary to verify compliance with these Terms. You agree that these Terms will not be construed against Pipa Studios, by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the Terms and the lack of signing by the parties hereto to execute these Terms.
15. Statute of Limitations
A. You and Pipa Studios 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, the Rules of Conduct or Privacy Policy, must be filed within ONE (1) year after the complaint or cause of action arises, or be forever barred.
16. Complaints or Notices
A. If you believe that your copyrighted work has been copied without your authorization and is available on or in this game in a way that may constitute copyright infringement, you may provide notice of your claim to our Designated Agent, listed below. For your notice to be effective, it must include the following information: i. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii. A description of the copyrighted work that you claim has been infringed; iii. A description of where the material that you claim is infringing is located in this game; iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; v. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. viii. Designated Agent Pipa Studios is:
Pipa Studios
Vanterpool Plaza, 2nd Floor, Wickhams Cay I
Road Town, Tortola, British Virgin Islands