Terms of Service

Last Updated: March 15 2023

Pixel Art Book is a mobile game developer (“we”, “our” or “our”). These Terms of Service (“Terms”) constitute a binding agreement between you and us. Generally, these Terms will govern and govern your access to and use of our online websites, mobile games, mobile applications and services (collectively, the "Services").

We understand the importance of respecting works, so we are committed to providing the highest quality products and raising awareness of intellectual property. In order to achieve this goal, we must all abide by the following rules.

These terms of service ("Terms") constitute a legally binding agreement between the end user of the Services ("you") and us to govern your online and offline use) and our applications and their updates, and related services (collectively, the "Services"), and affect your legal rights ("Agreement").

Please read these terms and our Privacy Policy and other terms referenced in this document carefully, as you agree to (and abide by) them, accept them and agree to be bound by them before using the app. By using our Services, you agree to be bound by the terms and conditions in these Terms and all other rules, policies and procedures that we may publish from time to time in relation to our Services and all agreements defined in the Third Party Section of the Services.

The digital environment and the laws governing it change frequently, so we reserve the right to change these terms at any time. When we do this, we will provide you with a prominent notice by displaying it on the website.

The App is provided and controlled from our facilities in Hong Kong. If you access or use the Services from other jurisdictions, you do so at your own risk. We make no representations that the Services are suitable or available for use in other locations. You are responsible for knowing and complying with the applicable laws in your jurisdiction. If such laws conflict with your use of the Services, you may not use them.

These Terms do not entitle you to receive the Services nor obligate Lake to provide hard copy documentation, support, telephone assistance, or enhancements or updates to the Services.

Updates and Availability

Modifications to the Terms of Service

We may revise these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the revised Terms on the Service prior to the effective date of the change. Once any updated terms become effective, you will be bound by them if you continue to use our services.

We want you to continue using our services, but if you do not agree to our updated terms, you can delete your account at any time.

service availability

Our Services may be temporarily suspended without notice for security purposes, maintenance or repairs, system failures or other similar circumstances (collectively, "Service Interruptions"). You acknowledge and agree that you are not entitled to refunds or refunds in connection with such interruption of service.

termination

We may suspend or permanently ban access to your account if we determine that you have committed significant, serious, or repeated violations of our terms or policies. We may also suspend or disable your account if you repeatedly infringe on the intellectual property rights of others, or if we are required to do so for legal reasons.

In the event we take such action, we will notify you and explain any options available to you to request a review, unless doing so could expose us or others to legal liability; harm our user community; harm or interfere with our integrity or operation of any service, system, or product; or where we are limited due to technical limitations; or where we are prohibited from doing so for legal reasons.

Privacy and Copyright Protection

Privacy Policy

Regarding your use of the Services, please review our Privacy Policy to understand how we use the information we collect from you when you visit, access or use the Services. The Privacy Policy is a part of these Terms, and by agreeing to these Terms, you agree that we may use information collected from or about you in accordance with the Privacy Policy.

intellectual property

Our services, including underlying content and information, are protected by copyright, trademark and other intellectual property rights under Hong Kong and foreign laws and international conventions, and these rights belong to us and our licensors. Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of the application and to run the application on a mobile device or computer that you own or control Such copies of the Program are provided for your personal, non-commercial use only. We reserve all rights in the Application not expressly granted to you under these Terms. You may not copy the application except to make one copy for backup or archival purposes. If you make copies for your own backup or archival purposes, you must preserve all trademark, copyright and other proprietary notices contained on the Service.

If you submit any ideas, suggestions, feedback or other content to us, you grant us (or warrant that the owners of such information and materials have expressly granted us) a royalty-free, worldwide, perpetual, irrevocable, irrevocable Restricted right and license to use, reproduce, display, perform, modify, adapt, publish and distribute or otherwise make available such content (including any related intellectual property rights), in whole or in part, to provide and improve the service above .

A lot of effort has been put into creating the Services, including the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and is protected by Hong Kong. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Services; (ii) modifying or otherwise making any derivative use of the Services or any portion thereof; (iii) using any data mining, robotics, or similar data gathering or extraction methods; (iv) downloading (other than page caching) any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service to construct a competitive product or service ; (vi) use the Services for purposes other than their intended purpose. If you take any such action, we may terminate your use of the Service.

User Content and Activities

your content and execution

Our Services may allow you and other users to post, link to and otherwise make available content. You are responsible for the content you provide to the Services, including its legality, reliability and appropriateness.

When you post, link to, or otherwise provide content to the Services, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display, and distribute your Content on or through the Services. We may format your content for display throughout the Services, but we do not edit or modify the substance of your content itself.

Except for our limited rights to your content, you retain all rights in the content you post, link to and otherwise make available on or through the Services.

You can delete content you post by deleting it. Once you delete your content, it does not appear on the Service, but copies of your deleted content may remain on our systems or in backups for a period of time. We will keep web server access logs and then delete them.

You may not post, link to and otherwise make available on or through the Services any content that:

● defamatory, libelous, bigoted, fraudulent or deceptive content;

● Illegal or unlawful content, otherwise liability will arise;

● Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property or other right of any party;

● Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property or other right of any party;

● Bulk or repetitive promotions, political campaigns or commercial messages directed at users who do not follow you (spam);

● Any third party’s private information (e.g. address, phone number, email address, social

● security number and credit card number); and

● Viruses, corrupted data, or other harmful, disruptive, or destructive files or code.

● In addition, you agree that you will not do any of the following with respect to the Services or other users:

● Use the Services in any manner that may interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that may impair, disable, overburden or impair the functionality of the Services;

● Posting impersonating or representing any person or entity or otherwise misrepresenting your affiliation with a person or entity;

● collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;

● create an account or post any content if you are under 13;

● Circumvent or attempt to circumvent any filtering, security measures, rate limiting or other features designed to protect the Service, users of the Service, or third parties.

Prohibited activities

A. Prohibited Activities.

In addition to the obligations you agree to in connection with your use of the Services, you will not:

(1) Use the Services for any unauthorized purpose, including collecting, electronically or otherwise, another user's username and/or email address, sending unsolicited email or other electronic communications, or engaging in unauthorized frames or links to services without our express written consent;

(2) Transmit chain letters, mass or spam or interfere with, disrupt or unduly burden the Service or networks connected to the Service or the Service, including, but not limited to, hacking into the Service or using the system to send unsolicited or commercial emails, announcements, comments or other communications;

(3) impersonate any other person or entity, sell or allow others to use your personal information or password, provide false or misleading identity or address information, or violate privacy, or violate the personal or proprietary rights of any person or entity;

( 4) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense the Service or any portion thereof; or

( 5) Circumvent, disable or otherwise interfere with security-related features of the Service or prevent or restrict the use or copying of any material or enforce restrictions on the use of the Service or material on the Service.

If you are the copyright owner or the legal representative of the copyright owner and you believe that any User Contributions to the Services infringe on your copyright, you may submit a takedown notice to us by sending us an email.

Member Account and Registration

To access certain features of our Services, you may need to register for an account with our Services. You can register for an account by completing the registration process when prompted by our application.

You will be solely responsible for actions taken under your account, including any resulting financial liabilities. As part of your member account, you will be able to create user profiles, sync your activity across devices and access certain features that are only available to registered members.

Our Administration of the Site; User Misconduct

A. Our Rights to Administer the Services.

We reserve the right, but have no obligation to: (a) monitor or review the Services for violations of these Terms of Service and compliance with our policies; (b) report to law enforcement and/or take legal action against anyone violating these Terms of Service (c) deny, restrict access or availability, or remove, delete, edit or disable (to the extent technically feasible) any Contribution or any part thereof; (d) in a manner designed to protect our and third party rights and administer the Services in a manner that properties or facilitates the proper functioning of the Services; (e) screens our users or members, or attempts to verify representations made by our users or members and/or (f) monitors disputes between you and other users, or terminates or Prevent you and other users from violating these Terms of Service.

B. Interactions with Other Users.

You are solely responsible for your interactions with other users of the Services. Be aware that risks can arise when dealing with strangers, including people who may be acting under false pretenses. Please choose carefully the information you post on the Services and the information you provide to other users of the Services. You are discouraged from publicly posting your phone number or street address on the Services. Information posted to the Service by other users of the Service may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. You bear all risk in your dealings with other users you contact through the Services. Opinions and other statements contained in User Contributions do not represent our opinions or statements, and posting a Contribution on the Service does not constitute Company's endorsement or endorsement of any opinion or statement expressed in the applicable Contribution.

C. Our Right to Terminate Users.

Without limiting any other provision of these Terms of Service, we reserve the right, in our sole discretion, to deny access to and use of the Services to anyone for any reason, without notice or liability, including, without limitation, violation of any of these Terms of Service or representations, warranties or undertakings contained in any applicable law or regulation.

Virtual Goods and Virtual Currency

We may include virtual currency, such as coins ("Virtual Currency") or items or services used in our games ("Virtual Goods"). If you are 18 or older, you may purchase Virtual Goods or Virtual Currency. You agree that once purchased, Virtual Currency and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will receive Virtual Currency and/or Virtual Goods only from us and not from any third party. You agree that Virtual Currency and Virtual Goods are not transferable to any other person, and you will not transfer or attempt to transfer any Virtual Currency or Virtual Goods to any other person.

The balance of Virtual Items or Virtual Currency contains no real value. User agrees that all sales of virtual currency and merchandise are final and no refunds will be given after the transaction has been completed. When the user purchases virtual goods or currency from the company, the goods will be delivered as soon as the purchase is completed, and the user agrees to waive the right to withdraw and cancel, because they have obtained virtual goods and/or currency related to the purchased interest.

After notifying the user, we may manage, regulate, change or delete all virtual currency or commodity content without any liability from the user.

When we stop or terminate a user's account without limitation in accordance with the company's terms and conditions, the user will lose all virtual currency and merchandise held by him, and we will not refund and compensate for the loss.

subscription

Payments and Fees

We offer certain premium features of the Services which you may purchase on a monthly or annual basis (“Subscription”). You can find a description of the features and benefits associated with the subscription on the app. To purchase a subscription, you must provide the Apple App Store or Google Play Store with a valid, accepted form of payment (eg, debit or credit card). By submitting such information, you agree and warrant that the Apple App Store or Google Play Store has the right to use or provide this information to third parties for payment processing. You may be subject to additional terms and conditions imposed by Apple or Google.

auto-renew

When you purchase a subscription, your subscription will automatically renew for the term you choose (for example, monthly or yearly) until terminated. You authorize us to charge your payment method up to 24 hours before the end of the current subscription period. You can cancel your subscription in your Apple App Store or Google Play Store settings at least 24 hours before the end of the current subscription period.

no refund

Subscription payments are non-refundable. We do not offer partial refunds or credits for unused periods. However, upon cancellation, you will continue to have access to the premium features of the Services associated with the subscription you purchased until the end of the subscription term.

Changes to Price and Subscription Terms

We reserve the right to change our subscription terms or pricing at any time, in our sole discretion. Any changes to subscription terms or prices will not be retroactive and will only be effective upon notification to you.

free trial

You may receive free trials of premium features associated with paid subscriptions. Free trial eligibility is at our sole discretion and we may limit eligibility or duration to prevent abuse. At the end of your free trial period, your subscription may automatically renew as described in the notice you accepted when you signed up for your free trial.

refund policy

You can request a withdrawal if you have purchased any virtual goods or currency in cash within the last 7 days and have not used them at all. If you purchased them within the last 7 days and have used up some of them, you will no longer be able to request withdrawals for purchases.

In addition, if you receive any additional Virtual Goods with the purchase of Virtual Goods and a portion of such additional Virtual Goods has been used up, you will not be able to request a return.

In addition, if you receive any virtual goods or currency as a gift, you cannot request to cancel the purchase or exchange them for cash.

Withdrawals for purchases can be made via email and it will be returned to the same method you used to pay. Virtual goods and currency will be charged while your withdrawal request is being processed, but please note that refund times will vary depending on the payment method used.

However, if there is a problem with the Virtual Goods and Currency you received, you may make a purchase withdrawal request within 3 months of purchase or 30 days from the date you knew or may have known of the problem, whichever comes first.

third-party app store

You acknowledge and agree that the availability of the Services may depend on third-party websites from which you downloaded the Services, such as the Apple App Store or the Google Play Store (each a "Third Party Application Store"). You acknowledge that these Terms of Service are between you and us, and not the applicable third-party application store. Each third-party App Store may have its own terms and conditions, which you must agree to before downloading services from them. You agree to be bound by, and your license to use the Service is conditioned upon, the applicable third-party App Store terms and conditions.

third party website

The Service may contain links to websites operated by third parties (“Third Party Sites”). For example, you may share contributions or other information with third-party sites through links on the Services; however, we do not own or operate third-party sites, and we have not and cannot review all materials, including goods or services, made available through third-party sites. The availability of these links on the Services does not represent, warrant or imply our endorsement of any third-party websites or any materials, opinions, goods or services offered by them. Third-Party Materials accessed or used through Third-Party Sites may also be protected by copyright and other intellectual property laws. These Terms of Service do not apply to third-party websites. Before accessing third-party websites through links provided by the Services or otherwise, you should review the terms and conditions and privacy policies of the third-party websites and inform yourself about the regulations, policies and practices of those third-party websites.

Warranty and Disclaimer

Disclaimer of Warranty; Limitation of Liability

disclaimer

To the extent permitted by applicable law, our services are provided "as is" and "as available" without warranty or condition of any kind. By operating the Services, we do not endorse or imply that we endorse any User Content or Contributions made available on or linked to the Services, including but not limited to content or contributions hosted on third-party websites. We cannot guarantee and promise that use of the Services will produce any particular results. No oral or written advice or information obtained by you from us shall create any warranty not expressly stated in these Terms of Service. You agree that use of the Services is at your own risk. To the maximum extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors disclaim all liability for the Services and your use any express or implied warranty therein.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICES, THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS. through the service. We will not be responsible or liable for any (A) errors, errors or inaccuracies in the content and materials, (B) personal injury or property damage of any nature whatsoever arising out of your access to and use of the Services, (C) any inaccurate authorized access to or use of our secure servers and/or any and all personal information stored thereon, (D) any interruption or cessation of transmission to or from the Services, (E) any errors, viruses, Trojan horses, etc., any information that third parties may transmit on or through the Services, and/or (F) any errors or omissions in any content and materials, or any loss or damage of any kind whatsoever arising from the use of any content posted, via the Services transmitted or otherwise made available.

Limited Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES any other content. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Notwithstanding anything to the contrary contained in these Terms of Service, we will be liable to you for any loss or damage suffered by you and arising out of or in connection with these Terms of Service, whether in contract, tort or breach of statutory duty or any other liability Theoretical must not exceed $50.

Notice to New Jersey Users

Notwithstanding any provision contained in these Terms of Service, if any provision thereof is held to be unenforceable, invalid, or inapplicable under New Jersey law, none of such provision will apply to you, but the remainder of these Terms of Service shall have Binding to You and Company. Further, for New Jersey residents, the limitation of liability does not apply to attorneys' fees, court costs, or other damages under law. Notwithstanding anything in these Terms of Service, nothing in these Terms of Service is intended to be, and should not be deemed or construed to limit, any rights you may have under the Consumer Truth Contracts, Warranties and Notices Act.

Notice to California Users

Pursuant to California Civil Code Section 1789.3, users located in California are entitled to the following notice of consumer rights: If users have questions or complaints about the service, please email  contact@newque.co.

other

Severability of Terms

These Terms of Service operate to the fullest extent permitted by law. If any provision or part-provision of these Terms of Service is unlawful, void or unenforceable, then that provision or part-provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions.

non exempt

Our failure to exercise or enforce any right or provision of these Terms of Use shall not be deemed a waiver of the applicable right or provision.

Task

We may assign our rights under these Terms of Use without your consent. If any of our employees proposes to modify the terms of these Terms of Service, he or she is not acting as our agent or speaking on our behalf. You must not, and should not rely on, any statements or communications from our employees or anyone else purporting to act on our behalf.

independent contractor

Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any User.

Legal Disputes and Arbitration Agreements

PLEASE READ THE FOLLOWING TERMS CAREFULLY - IT MAY SERIOUSLY AFFECT YOUR LEGAL RIGHTS,

including your right to take a court action

A. Initial Dispute Resolution.

We can be reached by email at contact@newque.co with any concerns you may have about using the service. Most problems can be quickly resolved this way. You and we both agree to use our best efforts to resolve any dispute, claim, problem or disagreement directly through consultation and negotiation in good faith, which is a condition precedent to litigation or arbitration by either party.

B. Consent to Binding Arbitration.

If we fail to reach an agreed resolution within thirty (30) days of informal dispute resolution pursuant to the above section, either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the relationship between the parties and/or your use of the Services shall ultimately be resolved by binding arbitration on a confidential basis The arbitration shall be conducted by the Hong Kong International Arbitration Center (“ HKIAC ”) in accordance with the provisions of the HKIAC Institutional Arbitration Rules in effect at the time the Notice of Arbitration is submitted, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including without limitation : Any statement that all or any part of these Terms of Service is invalid or revocable. The arbitrator shall have the authority to award any relief available to the court at law or in equity. The arbitrator's award shall be binding on the parties and may be entered as judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be governed by the Federal Arbitration Act. The place of arbitration shall be Hong Kong, China. If the arbitration filing fee exceeds the cost of filing a lawsuit, we will pay the additional fee. If we are required to pay additional fees to the filing fee, you should submit a request for payment of the fee together with your form to initiate arbitration with HKIAC and we will make arrangements to pay all necessary fees directly to HKIAC. Arbitration rules also allow you to recover attorneys' fees in certain circumstances.

The parties understand that, absent this mandatory provision, they would have the right to proceed in court and to a jury trial. They further understand that in some cases, the costs of arbitration may exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

C. Class Action and Class Arbitration Waiver.

You and we each further agree that any arbitration shall be conducted in your respective individual capacity only, and not as a class or other representative action, and that you and we each expressly waive any right to bring a class action or seek relief on a class basis. If any court or arbitrator decides that the class action waiver provided for in this paragraph is invalid or unenforceable for any reason, or that arbitration may be conducted on a class basis, then the foregoing arbitration clause shall be deemed void in its entirety as the parties have not agreed to resolve their dispute by arbitration. .

D. 30-Day Opt-Out Right.

You have the right to opt out and not be bound by the Arbitration and Class Action Waiver by sending written notice of your decision to opt out to:  contact@newque.co. Notice must be sent within thirty (30) days of registration to use the Services, or you must arbitrate the dispute in accordance with the terms of these Terms. If you opt out of these arbitration provisions, we will not be bound by them.

E. Applicable Law.

You agree that the laws of the Commonwealth and the Hong Kong Special Administrative Region of the People's Republic of China, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and us.

Contact information

If you have any questions about using our service, please contact us by email:  contact@newque.co.