This user agreement (the “Agreement”) is a contract between you and DoMobile that governs your use of the Pixel.Fun2 Service (the “Service”) operated by DoMobile (“us”, “we”, or “our”). It is important that you read all of the terms and conditions carefully, especially the responsibility exemption or restriction clauses in bold format, because you will be legally bound to this Agreement. If you are under the age of 18, please read this Agreement accompanied by a legal guardian.
This Agreement applies to all visitors, users, and others who access or use the Service. Your access to and use of the Service is based on your acceptance of and compliance with this Agreement. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the Service. Use of the Service is also governed by DoMobile's Privacy Policy (http://www.domobile.com/privacy.html) and other relevant policies, which are incorporated herein by reference. Agree to this user agreement also means that you agree us to collect, use and disclose information according to our Privacy Policy.
We may amend this user agreement at any time by posting a revised version on our website or app. The revised version will be effective and you will be presumed to be informed at the time we post it. If you continue to use the app, you are deemed to have accepted the modified agreement.
Service Description
The Service is a set of contents made available by or on behalf of DoMobile, including to:
1. download, install, log in, run, and upgrade Pixel.Fun2;
2. provide lots of pixel pictures for coloring;
3. provide different levels of pixel islands and upgrading service;
4. provide account system for saving account information, such as customized user ID, character, coloring progress, props data, etc., and interact with other users;
5. provide a reward system for users to get rewards of props by watching ads, completing pixel pictures, and sharing pictures;
6. generate pictures and videos for storage, collection and sharing;
And all related systems and technologies, and applications, data, text, images, and other content. Any modifications to the Service are also subject to these Terms.
DoMobile reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to DoMobile.
DoMobile only gives you a personal, non-transferable and non-exclusive license to use Pixel.Fun2 services. You may use the Service for non-commercial purposes; without written permission, you may not transfer the User Rights acquired under the terms of this Agreement. All the services provided by DoMobile are limited to use in its platform. Any act that separates the service contents provided by DoMobile from DoMobile's platform by the illegal means such as malicious cracking is not a service provided by DoMobile in this Agreement. All legal consequences caused by this are the responsibility of the actor, we are not responsible or liable for it and will pursue the legal liability of the actor according to law.
You are responsible for properly and correctly storing, using and maintaining the account, account information and account password you have applied in Pixel.Fun2. You should take necessary and effective security measures for your account information and password. DoMobile are not liable for any loss caused by personal password leak, and improper storage, use, and maintenance. You should notify DoMobile as soon as possible when you find your account or password has been illegally used, stolen, or have an abnormal situation, and you have the right to notify DoMobile to take measures to suspend the login and use of the account.
In order to ensure the security and consistency of the Service, DoMobile has the right to update the app, or to change or limit some features or effects of the app, without prior notice to you. After the new version of the app is released, the former version may not work. It is not guaranteed by DoMobile that the former version of the app will continue to work. Please make sure that you check and download the latest version at any time.
You understand and agree that certain services of Pixel.Fun2 may let third parties know your information. For example, your friends can check your public profile such as your avatar and nickname. If you choose Pixel.Fun2 to communicate with other software or hardware, the software or hardware providers can obtain relevant information that you actively disclose or transmit in Pixel.Fun2. Before choosing, you should fully understand the product features and information protection strategies of other software or hardware.
You fully understand and agree that if you disclose important information such as your various property accounts, bank cards, credit cards, and corresponding passwords to others while using the Pixel.Fun2 Service, you will be responsible for any loss incurred.
Payment Terms
1.Payment
In the process of using the Services, you may purchase a limited, personal, non-transferable "virtual item", including but not limited to, coloring tools and unlocking keys. You can only purchase virtual items from DoMobile or our official partners, and you should not purchase it from any other means! The purchase or redemption of virtual items through the Service is final and non-refundable. This right belongs to DoMobile's business autonomy, and DoMobile reserves the right to change the business model at any time, that is, reserves the right to change the rate standard, software features, objects, and time of charging. In the meantime, DoMobile also reserves the right to upgrade, revise, add, delete, modify, change the functions of the app, or change the rules of the game. If you do not accept such changes, you should stop using the application immediately. If you continue to use the app, you are deemed to have accepted the modified business model. Get virtual items such as game coins, game props, and game equipment from third parties may cause various risks. You shall not obtain the above-mentioned game virtual items from third parties. If you insist on obtaining the game virtual items above from third parties, you shall bear the corresponding risk. DoMobile has the right to reclaim or delete such game virtual items.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a regular basis, typically monthly or yearly. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or DoMobile cancels it.
You agree to pay all fees (charges) to your Account in accordance with the fees, and billing terms in force at that time a fee is due and payable. DoMobile collects payments through a limited number of payment services (“Payment Provider”). You must provide DoMobile with valid account information for the respective chosen Payment Provider. Your Payment Provider agreement governs your use of the designated credit card or other payment method, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing DoMobile with your payment information, you agree that DoMobile is authorized to immediately invoice your Account for all fees due and payable to DoMobile hereunder and that no additional notice or consent is required. You agree to immediately notify DoMobile of any change in payment credentials for payment hereunder.
You fully understand and agree that virtual items are part of the Pixel.Fun2 Service, and DoMobile grants you the right to use them in accordance with this Agreement. Your purchase and use of virtual items shall comply with the requirements of this Agreement and the rules of this game. Meanwhile, virtual items may be limited by a certain period of validity. If you do not use them within the specified period of validity, except force majeure or DoMobile reasons, they will automatically become invalid once the period of validity expires.
DoMobile reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to you. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. The change or adjustment of the charging items or charging standards is a normal business practice. You should not require compensation from DoMobile for the changes or adjustments of the charging items or charging standards.
You fully understand and agree that in order to guarantee the using experience of you and other users, DoMobile has the right to transfer or remove some past Pixel.Fun2 data stored on the app server.
2. Free Trial
DoMobile may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
During Free Trial, you will not be charged by DoMobile until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without previous notice, DoMobile reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Links, contents or service from third-party suppliers
Our service may include websites, contents or service from third-party suppliers. For example, users may see ad links from third-party websites in our app. Users may share information through third-party websites by using our services. Please be noted that we do not control contents from third-party suppliers, or do fully review about their contents. You shall determine the authenticity of the advertising information and be responsible for your own judgment, except as expressly provided by law, DoMobile and its affiliates are not liable for any loss or damage you suffered in connection with the transaction or the content provided by the advertiser.
Accessing the websites, contents or services from third-party suppliers through our service doesn’t mean we support or agree to the contents. And we are not responsible or liable for any content, advertising, or services they provide, or the security, accuracy, validity and other uncertain risks of the services and content provided by third-party suppliers. Those contents of third-party suppliers are also protected by intellectual property laws such as copyright laws.
Any content, advertising or services by such third-party suppliers are provided following the terms of services and privacy policies to be found on the website of the respective third- party suppliers and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third-party suppliers before using their services. We are not responsible or liable, directly or indirectly, to you in relation to any losses, damages or harm caused by or in connection with use of any such content or services by the third-party suppliers. And you are responsible for any additional charges arising from the use of the Service by such third-party vendors.
Responsibility for Content
You acknowledge that all information, text, messages, images, tags and/or other materials accessible through the Pixel.Fun2, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not DoMobile, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Pixel.Fun2 (“Your Content”).
You retain all of the rights to Your Content. You agree to grant DoMobile a license to store, retrieve, backup, restore, and otherwise copy your content so that we may provide you with the Service. We will use our commercial reasonable efforts to ensure the security of your data in this app and services, but does not provide full assurance, including but not limited to:
1. DoMobile is not responsible for the deletion or storage failure of your data in the Service;
2. DoMobile has the right to determine the maximum storage period of data for individual users in apps and services based on actual conditions, and allocate the maximum storage space on the server. You can back up the relevant data by yourself as needed;
3. If you stop using the app or the service is terminated, DoMobile can permanently delete your data from the server. After the service is stopped, terminated or canceled, DoMobile is not obligated to return any data to you.
4. When you use the Pixel.Fun2 service, you are responsible for the following risks that are beyond our control, including but not limited to:
1) risk of loss or leakage of personal information due to irresistible factors;
2) you must install the software version that matches the terminal device and download it from the official sites. Otherwise, you will be responsible for any problems or damages caused by not downloading the software from the official sites and the incompatibility between with the software and the terminal device;
3) when you use Pixel.Fun2 to access third-party websites, you are responsible for the risks that may result from third-party websites and related content;
4) the content you post may be captured, forwarded, and shared by others, you are responsible for the risks that may result from the dissemination;
5) risk of login failure, incomplete data synchronization, or slow page opening due to instability signal and small bandwidth of the wireless network.
You understand that in order to get the Pixel.Fun2 Service, you should provide your personal information to Pixel.Fun2. To provide service for you, Pixel.Fun2 has to disclose your personal information to third parties. You hereby authorize Pixel.Fun2, for the purpose of providing service, has the right to use your personal information, the relevant information provided when you apply for the Service, and the non-public content stored in Pixel.Fun2 when you use the Service (hereinafter referred to as "personal information"). Except for the purpose of providing service, Pixel.Fun2 guarantees that your personal information will not be disclosed or provided to third parties, unless it is under the circumstances as follows:
1) get your explicit authorization in advance;
2) disclose to third parties, administrative or judicial organs in accordance with laws or at the request of administrative or judicial organs;
3) if you are the right holder and file a complaint against others' infringement of your interests on Pixel.Fun2, you shall be required to disclose to the respondent;
4) if the right holder believes that your behavior on Pixel.Fun2 infringes his/her legitimate rights and makes a complaint, Pixel.Fun2 may disclose to the right holder;
5) according to the law and Pixel.Fun2 rules, Pixel.Fun2 considers suitable for disclosure;
6) for the purpose of safeguarding the legitimate rights and interests of Pixel.Fun2;
7) safeguard the public interest;
8) in order to cooperate with the legitimate requirements, subpoenas, or instructions of the government and laws, to protect the Pixel.Fun2 system and users, or to ensure the integrity and operation of the Pixel.Fun2 business and system, Pixel.Fun2 may obtain and disclose any information which it deems necessary or proper, including but not limited to the user's personal information, IP address and flow information, usage history, and published content;
9) other legal requirements.
Code of Conduct
You understand and agree that Pixel.Fun2 is committed to providing a civilized, healthy and well-regulated network environment. You cannot use the Pixel.Fun2 account or service to create, copy, publish, or disseminate the following contents that interfere with the normal operation of Pixel.Fun2 and infringe the legal rights of other users or third parties, including but not limited to:
1) publish, transmit, disseminate, and store content that is prohibited by national laws and regulations:
① breach the established basic principles of the Constitution;
② endanger national security, reveal state secrets, subvert country power, destroy national unity;
③ harm national honors and interests;
④ incite ethnic hatred or ethnic discrimination, undermine national unity;
⑤ undermine the national religious policy and propagate cults and feudal superstitions;
⑥ spread rumors, disturb social order or undermine social stability;
⑦ spread obscenity, pornography, gambling, violence, terror or instigate crimes;
⑧ insult or slander others, infringe upon the legitimate rights and interests of others.
⑨ incite illegal assembly, association, procession and demonstration, gather people to disturb social order;
⑩ activities in the name of illegal civil organizations;
⑪ does not comply with the relevant laws and regulations;
⑫ other contents prohibited by laws and administrative regulations.
2) involve the privacy and personal information of others;
3) publish, transmit, disseminate, and store content that infringes on the legal rights of others, such as reputation rights, portrait rights, intellectual property rights, and trade secrets;
4) publish, transmit, disseminate harassment, advertisements, excessive marketing, and spam information or contain any sexual or sexual cues;
5) behaviors of disrupting the fairness of Pixel.Fun2 Service or affecting the normal order of Pixel.Fun2, such as active or passive scoring, cheating, use plug-ins or other cheating software, use bug (also called "flaw" or "defect") to obtain improper illegal benefits, or bring the plug-ins, cheating software, and bug to the public through the Internet or other methods.
6) impersonate DoMobile, game service administrator, game forum administrator, or moderator, and post any fraudulent or false information.
7) preach contents such as plug-ins, private servers, game leveling, trojans, or publish negative publicity of DoMobile/Pixel.Fun2.
8) other information that violates laws, regulations, policies, public order, social ethics, or interferes with the normal operation of Pixel.Fun2 and infringes the legitimate interest of other users or third parties.
Intellectual Property Rights
DoMobile reserves all of its intellectual property rights in the Service, the ownership and all relevant intellectual property rights of the game data generated during your use of the Pixel.Fun2 Service belong to DoMobile, DoMobile has the right to dispose of the game data. Using the Service does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Service are be the trademarks of their respective owners, DoMobile or its affiliates. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may infringe copyright, trademark and other laws. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Disclaimer and Limitation of Liability
1.No Warranty and Non-Waiver of Rights
To the extent allowed under law, DoMobile and its affiliates (A) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (B) do not guarantee that the services will function without interruption or errors, and (C) provide the service (including content and information) on an “AS IS” and “AS AVAILABLE” basis.
If you breach any of these Terms or DoMobile finds out or received a report or complaint that you breached this Agreement, DoMobile will be entitled to delete or block the relevant content without notice, and punish the offending account, including but not limited to warnings, restrictions or prohibitions on the use of some or all features, account bans until cancellation, and announce the results. DoMobile chooses not to immediately act, or chooses not to act at all, DoMobile will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. DoMobile does not waive any of its rights. DoMobile shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
2.Limitation of Liability
DoMobile's products and services are provided in accordance with the current technologies and conditions. We will do our utmost to provide you satisfactory service and ensure continuity and security of the Service. But we cannot anticipate and guard against legal, technology and other risks, including but not limited to service interruptions, data loss, and other losses and risks due to force majeure, viruses, Trojans, hackers, system instability, third-party service flaws, and government action, etc. You expressly understand and agree that your use of DoMobile's products and services is at your own risk, except otherwise prescribed by law.
You understand and agree that in no event DoMobile, its directors, employees, partners, agents, suppliers, or affiliates, shall be liable for any indirect, incidental, special, exemplary or consequential damages arising out of or in connection with the website, the application, the software, the service, including without limitation, any damages resulting from loss of use, data or profits, possibility of such damages.
Under no circumstances will DoMobile be liable to you for more than the amount received by DoMobile as a result of your use of the service during the six-month period preceding the data on which you first assert you claim.
Termination
Both you and DoMobile may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. And you are responsible for not able to use services.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Dispute Resolution
All disputes and questions whatsoever which shall arise between DoMobile and you in connection with this Service Agreement, or the construction or application thereof or any provision contained in this Service Agreement or as to any act, deed or omission of any party or as to any other matter in any way relating to this Service Agreement, shall be submitted to South China International Economic and Trade Arbitration Commission (SCIA) for arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitral award is final and binding on both parties. This Agreement may exist in multiple languages including Chinese and English. If there is a conflict between the Chinese version and the other language versions, the Chinese version shall prevail.
Changes
We may modify this User Agreement from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may stop using the website and the Service. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.
Contact Us
If you have any questions about these Terms, you can contact us via support@domobile.com.
Auto-renewable Subscription Rules
These rules are attachments of User Agreement. If there is any conflict between these Rules and the User Agreement, these Rules shall prevail.
If you need to use Pixel.Fun2 subscription service, you should agree to these rules in advance.
You understand and agree:
1. The subscription is an automatic renewal service under the premise that you agree to use the Pixel.Fun2 subscription service. If you agree to use the subscription service, you are deemed to authorize DoMobile, when the subscription about to expire, has the right to charge fee of the next billing cycle from your iTunes account (hereinafter referred to as “accounts”) balances.
The subscription service is provided on the premise that you have bound with the above accounts, and DoMobile can successfully charge from the accounts. You are responsible for any failed renewal due to insufficient debit balance in the above accounts.
2. Subscription will automatically renew monthly or yearly. You can select the preferred rate.
3. Subscription automatically renews unless it is turned off at least 24-hours before the end of the current period.
4. You may suspend or terminate this subscription service by:
Open the phone Settings -> iTunes and App Store -> Apple ID, select “View Apple ID”, enter the “Account” page, click “Subscriptions”, select Pixel.Fun2 and cancel the subscription. You need to cancel it before the next bill day.