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Terms of service

Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Save Game Studio, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.pixeldam.net and the PixelDam app (hereinafter "PixelDam"). These products and services are operated by Save Game Studio. Save Game Studio is also referred to in these Terms as "we", "our", and "us".

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As a PixelDam member, you agree that you will not create more than one user account, that the use of an indecent screen name, profanity, language and/or images that are considered obscene and generally improper will not be tolerated.
Copied or pirated images (someone else's pixel art taken without permission) are not acceptable.  If it is discovered that you have submitted such an image, the image(s) will be removed and the prospective or continued membership in the PixelDam community will be revoked without prior notice.


PixelDam is owned and operated Save Game Studio, a corporation incorporated under the laws of The Netherlands and The European Union. Save Game Studio maintains the site for your personal entertainment and information. You may not, copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of this site including the text, images, audio and video for any purposes, without written permission from Save Game Studio or the legal copyright owners of the mentioned material.

Terms and Conditions - General

1. Use of content

Everything you see or read Pixeldam is protected by copyright unless otherwise stated and may only be used according to these Terms. Save Game Studio does not warrant or represent that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with Save Game Studio. Images are either the property of, or used with permission by, Save Game Studio. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorised use of the images could violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

2. Privacy

Save Game Studio has a firm commitment to safeguarding your privacy. Please review PixelDam's Privacy Policy.

3. Accuracy

Save Game Studio uses reasonable efforts to include accurate and up-to-date information on PixelDam. However, we make no guarantees or representations as to the accuracy of the information. Save Game Studio assumes no liability or responsibility for any errors or omissions in the contents of PixelDam.

4. Warranties

Browse PixelDam at your own risk. Neither Save Game Studio nor any other party involved in creating, producing or delivering the site is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, PixelDam. Without limiting the foregoing, everything on PixelDam is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Save Game Studio also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in PixelDam or your downloading of any materials, data, text, images, video, or audio from PixelDam.

5. Age limitation

You must be 16 years or older to be entitled to access PixelDam, unless otherwise explicitly stated and to the extent permitted by applicable law. PixelDam is not intended for children under the age of 16. Children under the age of 16 may not access PixelDam. Any registration by, use of or access to PixelDam by anyone under 16, or by anyone who is under 18 acting without parental or guardian consent, is unauthorised, unlicensed and in violation of these Terms. IF YOU ARE AT LEAST 16 YEARS OLD BUT UNDER 18 YEARS OF AGE, YOU AGREE THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS, AND YOU CAN FORM A BINDING CONTRACT WITH SAVE GAME STUDIO.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SAVE GAME STUDIO DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD UNDER 18 YEARS OF AGE (WITH OR WITHOUT THE PERMISSION OF A PARENT). IF YOU ARE A PARENT OR GUARDIAN, AND YOU GIVE YOUR CONSENT AND PERMISSION FOR YOUR  CHILD UNDER 18 YEARS OF AGE (AND AT LEAST 16 YEARS OF AGE) TO REGISTER AND USE PIXELDAM, YOU THEREBY AGREE TO THE TERMS RELATING TO ACCESS TO PIXELDAM BY YOUR CHILD UNDER 18 YEARS OF AGE AND YOU SHALL ENSURE OF AND BE SOLELY RESPONSIBLE FOR YOUR CHILD’S STRICT COMPLIANCE, AT ALL TIMES, WITH THE TERMS.

6. Safety

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) PixelDam or servers or networks connected to PixelDam, or to disobey any requirements, procedures, policies or regulations of networks connected to PixelDam; or provide any information to Save Game Studio that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You agree to defend, indemnify, and hold harmless Save Game Studio and its staff, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of PixelDam, or your violation of these Terms.

7. Account registration

To register as a member of PixelDam or purchase products, you must be 16 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the site. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

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When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorised such activities or actions. You shall immediately notify Save Game Studio of any unauthorised use of your password.

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You acknowledge and agree you are responsible yourself for abiding by the terms of use or service including fulfilling all the requirements for account registration, as set out separately by each platform/service provider. You understand that you will need to at minimum (a) provide true, accurate, current, and complete information as requested when registering an account and (b) at all times maintain and update the registration information to keep it true, accurate, current, and complete. You also represent and warrant that (i) you are not located in a country that is subject to any government embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing PixelDam and you hereby accept sole responsibility for all activities that occur under your account or password. Save Game Studio and/or platform/service providers reserve the right to restrict or terminate access to PixelDam, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and absolute discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, outdated, or incomplete. 

8. Limited license

Subject to you complying with these Terms, you are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access and/or download PixelDam and enable you to access and use PixelDam subject to the other applicable provisions, limitations and restrictions in these Terms.

 

You may not upload or republish PixelDam or its content on any internet, intranet or extranet sites or incorporate the information in any other database or compilation, and any other use of PixelDam or PixelDam Content is strictly prohibited.

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You acknowledge and agree that all content, design elements, and materials available in PixelDam, for example names, brands graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service/product names (“PixelDam Content”) are owned by Save Game Studio and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Save Game Studio and/or its partners and licensors. Save Game Studio and its partners and licensors retain all right, title and interest in and to the Save Game Studio Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Save Game Studio Content in any form or for any means, unless expressly permitted in this Terms. Save Game Studio' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Save Game Studio. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Save Game Studio Content in any way unless expressly permitted in this Agreement. To the fullest extent applicable under compulsory law, you agree not to disassemble, decompile or reverse engineer any software or other component of PixelDam or Save Game Studio Content. To the extent any such disassembly, decomplication or reverse engineering is applicable under compulsory law for error correction or otherwise, you agree that you shall submit a written request to engage in such activity for a legally recognized purpose and Save Game Studio shall have a reasonable period of time (not to exceed 30 calendar days) to rectify such issue prior to any such disassembly, decomplication or reverse engineering which, if permitted under compulsory law, shall be for the sole purpose and duration of effectuating any required error correction.  Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you any license to Save Game Studio Content, whether by estoppel, implication or otherwise. You agree not to assert against Save Game Studio any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.  

9. User Created Content and Intellectual Property

A) User Intellectual Property. 

By using PixelDam, you may submit content such as pixel art and/or other related content (“User Created Content”). Except for the Save Game Studio Content contained therein, any intellectual property right and title to such User Created Content will remain, and where applicable, will become your intellectual property created and submitted by you for use in PixelDam (“User Intellectual Property”). 

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B) Save Game Studio License to User Intellectual Property. 

By creating, submitting for publishing, uploading and/or publishing any User Created Content in or in connection with PixelDam you agree that Save Game Studio will be given an irrevocable, sub-licensable, assignable, perpetual, worldwide, paid in full, royalty free license and right to utilize, perform, reproduce, incorporate into PixelDam, modify, edit, public perform and display, distribute and make derivative works of, and defend the right to use your User Created Content and any User Intellectual Property contained therein in any and all media now known or hereafter devised. Save Game Studio shall have no obligation to make any reporting or accounting to you nor obtain any further consent in connection with Save Game Studio use of your User Created Content and/or any User Intellectual Property as contemplated in this section.

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C) Guidelines for User Created Content. 

User Created Content must comply with all applicable laws as well as guidelines, terms and conditions as stated in this Terms and requirements as may be notified to you by Save Game Studio from time to time and must not contain any content (including, but not limited to, language, sounds, images, designs, patterns, layouts and levels etc.) that includes, is or can be construed to be: (i) graphic depictions of gratuitous or excessive violence; (ii) sexually explicit, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially and/or ethnically charged; (iii) depicting or promoting intoxication or substance abuse; (iv) depicting or promoting negative racial, ethnic, gender, political or religious stereotypes; (v) making negative or disrespectful use of religious symbolism; or (vi) reflecting adversely on the name, reputation, or goodwill of Save Game Studio, its partners, the platform etc.

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D) Protection of Third-Party Rights. 

You will be fully responsible for your User Created Content and represent that any content you post, submit, upload, publish etc. through PixelDam does not infringe on any third-party Intellectual Property Rights or other rights under applicable laws (including such rights as privacy rights etc.). It is your responsibility to make sure that no copyright and/or other intellectual property protected material owned or controlled by third parties is inserted into your User Created Content without the prior written consent of such third party and that no open-source software of any kind is contained or uploaded therein.

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E) End User Warranties for User Created Content and User Intellectual Property. 

By creating, posting, uploading, submitting for publishing and/or publishing any User Created Content in or in connection with PixelDam you represent and warrant that: (i) you have all the necessary rights to grant the licenses contained herein; (ii) there is no suit, action, claim, or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Created Content, or any part thereof, or which might in anyway impair the rights granted by you herein; (iii) the User Created Content is not offensive or objectionable and that it complies with these Terms, Save Game Studio from time to time applicable Guidelines for User Created Content; and (iv) YOU WILL INDEMNIFY AND HOLD HARMLESS SAVE GAME STUDIO AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, THE PLATFORM/ SERVICE PROVIDERS AND THEIR RESPECTIVE MEMBERS, ADVERTISERS OR SPONSORS, OR THEIR RESPECTIVE EMPLOYEES, MEMBERS, CONTRACTORS, DIRECTORS, OFFICERS, AGENTS OR LICENSORS FOR ALL CLAIMS, DAMAGES, COSTS, LOSSES, AND EXPENSES INCURRED IN CONNECTION WITH BREACHING ANY WARRANTIES, TERMS, AND/OR REPRESENTATIONS IN THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THOSE SET FORTH IN THIS SECTION 7(E)).

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F) Penalties and Actions. 

Save Game Studio may at any time, in its sole and absolute discretion, without prior notice delete, remove, or otherwise disable access to, any of your User Created Content if Save Game Studio believes the content is infringing someone else’s Intellectual Property Rights or otherwise infringes the Terms, Guidelines for User Created Content, your warranties and representations under this Agreement, or applicable laws. If you believe Save Game Studio has removed such content by mistake, you may notify us at feedback@savegame.studio and Save Game Studio may, but has no obligation to, provide You with an opportunity to appeal that decision. If you infringe (or Save Game Studio believes you have infringed) any third-party Intellectual Property Rights, Save Game Studio shall have the right, with immediate effect, to disable or terminate Your account and take such action as we deem appropriate.

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G) Storage of Deleted User Created Content.

Following the deletion of User Created Content, either by You or by Save Game Studio, Save Game Studio will store the deleted User Created Content for a minimum time of one month on Save Game Studio’s servers before complete deletion. In the event that the User Created Content was deleted by you, and you change your mind, you may request Save Game Studio to restore your deleted User Created Content. Any personal data stored or handled in connection with the storage of deleted User Created Content will be according to our Privacy Policy. You hereby acknowledge, accept and agree to such storage of User Created Content.

10. Prohibited use

You agree to abide by all applicable laws and regulations when accessing PixelDam. Your continued access to PixelDam is subject to proper conduct. Without limiting Save Game Studio's right to control PixelDam’s environment, and the conduct of the users within that environment, Save Game Studio prohibits the following practices that Save Game Studio has determined detract from the overall user experience and you are strictly prohibited from:

  • Using PixelDam in a manner that violates the health and safety guidelines set forth in Section Safety;

  • Disrespecting the rights of others and their rights to play and enjoy PixelDam. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other users;

  • You may not use language that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable or offensive;

  • You may not post or communicate any user's real-world information (name, address, account name, etc.) in PixelDam, on the websites or in any other forum or media, or make public anyone’s identification documents, sensitive financial information, other sensitive personal information or posting such information in PixelDam or other permitted websites;

  • You may not harvest or collect email addresses or other contact information of other users from PixelDam by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;

  • You may not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;

  • You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments or reflects adversely on the name, reputation or goodwill of Save Game Studio;

  • You may not post, upload or link to any imagery or content that is or can be construed to be sexually explicit, unlawful (including, without limitation, third party intellectual property for which permission of such use has not been explicitly granted), harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;

  • You may not create, distribute, publish or otherwise make public, in any form, content created within PixelDam that is or can be construed to be sexually explicit, a, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;

  • You may not impersonate Save Game Studio or PixelDam, its’ employees, consultants, partners etc;

  • You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;

  • You may not violate or encourage others to violate any local, state, national, or international laws or regulations;

  • You may not market, promote, advertise, or solicit products in PixelDam;

  • You may not modify any part of PixelDam, or clients, servers etc;

  • You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to PixelDam;

  • You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in PixelDam;

  • You may not use PixelDam for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software inPixelDam;

  • You will follow the instructions of authorized personnel in or related to PixelDam;

  • You may not organize nor be a member of any pledges or groups within PixelDam that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;

  • You may not provide false information or intentionally hide any information when registering for your account in PixelDam;

  • You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running PixelDam;

  • You will not exploit any bug in PixelDam, and you will not communicate the existence of any such exploitable bug (bugs that grant any user unnatural or unintended benefits) either directly or through public posting, to any other user of PixelDam. Bugs should be promptly reported to feedback@savegame.studio;

  • You will not attempt to play PixelDam on any server or platform that is not controlled or authorised by Save Game Studio, its designees or platform/service providers;

  • You will not create, use, or provide any server emulator or other site where PixelDam may be accessed, and you will not post or distribute any utilities, emulators or other software tools related to PixelDam without the express written permission of Save Game Studio;

  • You will not register for a PixelDam user (“User”) account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

  • Using Save Game Studio's copyrights or trademarks or any confusingly similar marks;

  • Uploading invalid data, viruses, worms, or other software agents to PixelDam;

  • Collecting information from others and/or posting imagery of others without obtaining their consent;

  • You may not use any own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in PixelDam;

  • Otherwise use PixelDam in any manner that breaches the terms and conditions of the Terms or the privacy policy.

11. Copyright and DMCA Policy

Save Game Studio respects the intellectual property of others and expects our users to do so as well. Each user must ensure that the materials they upload do not infringe on any third-party copyright. Save Game Studio will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) when properly notified that the materials infringe on a third party's copyright. Save Game Studio also reserves the right to terminate the accounts of repeat copyright infringers (please see Section Access Disablement and Content Removal).  

If you believe content in or accessible through PixelDam is in violation of your copyright or trademark rights, please submit a “DMCA Takedown Notice” including the information set out below. Upon receipt of a bona fide DMCA Takedown Notice, we will act expeditiously to remove the purported infringing material.

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When filing a notice, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further. For non-copyright complaints, please see Section User Created Content and Intellectual Property and Section Use of Content.

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DMCA Takedown Notices
To request the removal of materials based upon copyright infringement, you must file a notice containing the following: 

  • Your name, company name, full legal name of the copyright holder that you represent, your address, telephone number, email address (if any) and country of residence.

  •  A description of the copyrighted work that you claim has been infringed.

  • A description of where on PixelDam the material that you claim is infringing may be found, sufficient for Save Game Studio to locate the material (e.g., the name of the project).

  •  A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  • Your electronic or physical signature.

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You may file your notice:

By email: feedback@savegame.studio

Offline: 
Save Game Studio
Attn: DMCA Agent / Copyright Agent 
De Vleyen 3
2134 ZC Hoofddorp 
The Netherlands

12. Access Disablement and Content Removal

You may disable your access to PixelDam at any time by contacting us at feedback@savegame.studio. 

Save Game Studio and the platform/service providers may disable access to or remove any of your User Created Content or close down and stop your access to PixelDam for any reason, at any time, without notice, including, but not limited to if we believe that you violate these Terms, the Privacy Policy, Guidelines for User Created Content, or our other policies and guidelines. You may notify Save Game Studio at feedback@savegame.studio and we may, but have no obligation to, provide you with an opportunity to appeal the decision. 

If your access is disabled, you will no longer have access to PixelDam, including any of the associated data (though this does not limit or affect any rights you have under data or consumer protection laws). Where Save Game Studio disables your access for a reason such as a breach of the Terms, Save Game Studio will have no liability to you and we reserve the right to disable any other accesses you may have created. 

13. Electronic communications

When you access PixelDam or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in PixelDam or by any other means Save Game Studio finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in PixelDam or otherwise) satisfy any legal requirement that such communications be in writing.

14. Terms updates

Save Game Studio may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound.

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