By creating a Pixlona User account (“Account”), downloading the Pixlona Application, or participating in any Services, including, without limitation, participating in esports contests or tournaments (each a “Contest”), Users:
(i) acknowledge that they have read and agree to be bound to and abide by these Terms;
(ii) accept and agree to all obligations, rules and scoring systems for each Contest in which they participate; and
(iii) represent and warrant that they are authorized and able to accept these Terms.
If a User does not wish to be bound by the Terms, the User must not download the Pixlona Application, access the Site or participate in the Services. By declining to accept these Terms, the User will be unable to create an Account or participate in the Services.
Pixlona reserves the right to change these Terms at any time without prior notice to You, and any amended Terms are effective upon posting. If We make what We determine to be material changes to these Terms, We will update the “Date Last Modified” and will notify You via the Site. Your continued use of the Services following such material changes constitutes Your consent to the changes. If You do not agree to the changes, Your sole remedy is to cease using the Services. It is Your responsibility to periodically check and review these Terms for changes.
In addition to these Terms, additional terms and conditions may govern various promotional offers, offered to You from time to time. Such promotional offers are governed by their corresponding Promotional Terms and Conditions.
2. SOCIAL NETWORKING DISCLAIMER
Video content may be streamed through, and the Services may be accessible through or provide links to third party social networking sites and applications, including, without limitation Facebook, Twitter, and YouTube. As a condition of participating in the Services, Users acknowledge and agree that such third parties do not sponsor, endorse, administer, and are in no way associated with, the Services. All questions regarding the Services must be directed to Pixlona. Users further acknowledge and agree that as a condition of participating in the Services, Users shall release Facebook, Inc., Twitter Inc., YouTube, Inc., and any other third party social networking sites accessible through the Services from any and all liability arising out of Users’ participation in such Services. The integration of third party social networking sites and applications is provided solely as a convenience to Users and Users access and use them entirely at their own risk and subject to such third parties’ terms and conditions.
To be eligible to create an Account and become a registered User, You must, at the time of registration:
(1) be at least eighteen (18) years of age or the age of majority in Your Jurisdiction of residence, whichever is greater, at the time of Account creation.
(2) be physically located in a state (“Jurisdiction”) in which participation in the Contests is not prohibited;
(3) not be a person barred from participating in the Contests under the laws of Jurisdiction of residence ; and
(3) at all times abide by these Terms.
We reserve the right to deny access to the Services to anyone at Our sole discretion.
Depending on a User’s Jurisdiction, some functionalities of the Services, including the ability to deposit currency and the ability to enter into Contests where monetary consideration (an “Entry Fee”) is required for the opportunity to win a prize (“Pay-to-Play Contests”) may be limited, as set forth in the Eligibility/Prohibited Jurisdictions section.
By accessing or using the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Services. Pixlona makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Services nor shall any person affiliated, or claiming affiliation, with FirstBlood have authority to make any such representations or warranties. We do not intend for the Services or any offerings made available thereon to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Services does not constitute an offer, solicitation or invitation by Us for the use of the Services in any Jurisdiction in which such activities are prohibited or restricted.
If You do not meet the eligibility requirements of this section, then You are not authorized to use the Services. Pixlona reserves the right to verify Your age, identity, location and eligibility at any time. Any failure to cooperate with Pixlona in this respect may result in the suspension and/or termination of Your Account.In addition to any rights that Pixlona may have in law or equity, Pixlona reserves the right to terminate Your Account and withhold or revoke the awarding of any prizes associated with such Account. In such a situation, Pixlona will pay any withheld or revoked prizes to the other entrants in the relevant Contests in a manner consistent with an applicable Prize Table List of the Contest, to be precisely determined by Pixlona in its sole discretion.
There are a number of Contests made available in which You may participate. We reserve the right to modify or cancel Contest(s) at any time without notice to You. We reserve the right, in Our sole discretion, to move entrants from the Contests they have entered to substantially similar Contests. All Contests offered in the Services are designed as contests of skill. Winning a Contest is determined by Your ability to use Your skill and knowledge of the game to beat Your opponent.
Rules may differ from Contest to Contest. Each of Our Contests are governed by specific Rules, as may be modified from time to time, which are presented upon entry into the Contest, and are incorporated into these Terms by this reference. You may review Contest information specific to the Contest by clicking on the ‘Contest Info’ button of the applicable Contest page. Various promotional offers may be offered to You from time to time and are subject to additional terms and conditions which are set forth under the Promotional Terms and Conditions and are incorporated into these Terms by this reference. You have the responsibility to review the Contest Rules and Promotional Terms and Conditions prior to participating in any Contest, and to review the Contest Rules and Promotional Terms and Conditions regularly for any changes. You agree to abide by the then-current rules for the Contest(s) in which You participate. Your failure to follow the then-current rules for the Contest(s) in which You participate will result in Your immediate and automatic forfeiture of the Contest(s), and We reserve the right to immediately suspend or
terminate Your access to the Services.
5.Entry Fees and Payments
Pixlona organises Tournaments that will require an Entry Fee, to participate . The Entry Fee may vary from tournament to tournament. It is Your responsibility to know and understand the Rules and required Entry Fees for any given Contest. Upon entering a Contest, the Entry Fee will be deducted from the funds in Your Account.
In respect of any transactions entered into on the Pixlona platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms: The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the Pixlona Services charged by Pixlona and pre-determined participant’s contribution towards prize money pool.
6.Results and Winners
Winners are based on the results of the Contest. The results and winners of each Contest offered on the Services will be determined by Us at Our sole discretion and such determinations are final. By registering an Account and/or participating in any Contest, You agree to be bound by these determinations and agree to cooperate with Our efforts to reverse prize payouts.
The Users in each Completed Contest who win the Contest (e.g., accumulate the most points, kills, etc.) and comply with eligibility requirements and applicable Contest Rules will win the corresponding prizes for that Contest. In the event that two or more Users tie in a Contest, the prize will be divided evenly among those Users. Pixlona offers a number of different types of Contests. For each Contest, We announce the Entry Fee and corresponding prize in advance on the Contest page.
7. Taxes Payable
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. TDS will be deducted by Pixlona in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
8.Collusion, Cheating and Fraud
If You suspect that any User or third party may be cheating by undertaking one of the following reportable actions listed below, You must report such activity to Our Customer Support Team by sending an email to [email protected], with the subject heading “Cheating” as soon as reasonably practicable. Reportable actions include, without limitation,
(i) colluding with other third parties;
(ii) using unfair external factors or influences;
(iii) entering into Contests through unauthorized methods;
(iv) undertaking fraudulent activities to their advantage and the disadvantage of other Users;
(v) accessing any pre-release, confidential information or other information that is not available to all other entrants of a Contest and that provides the entrant an advantage in such a Contest, including any information from any esport skill-based competition site or information from a skill-based competition governing body (e.g., pre-release patch, bug, update, or injury information) (“Pre-Release Data”); or
(v) using multiple Accounts.
Such activities are prohibited and We will take all reasonable steps to investigate any such complaints and, where possible, prevent such activities. We shall not be held liable for any form of loss sustained by You as a result of any of the prohibited activities or any other unlawful activity of persons using the Services.
We reserve the right to terminate Your Account, withhold the balance of Your Account, and recover from Your Account the amount of any affected payouts if:
8.1. You are found or suspected to have participated in any form of collusion or fraudulent practice;
8.2. We become aware that You have invalidly requested a chargeback;
8.3. You become bankrupt or have equivalent proceedings occurring anywhere in the world;
8.4. You have more than one (1) Account at any one time;
8.6. You are not eligible to participate in any Contest as set forth in the Eligibility Section of these Terms;
8.7. You use a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;
8.8. You are found to have abused any type of bonus, refer-a-friend program, or any other offers or promotions;
8.9. You committed any type of abuse or violation that has been deemed unacceptable by any governing authority related to the Contest (including but not limited to tournament organizers, player and team organizations, software developers and software distributors);
8.10. You tampered with the administration of a Contest or attempted to tamper with the computer programs or any security measure associated with a Contest;
8.11. You have abused the Services in any way; or
8.12. At Pixlona’s sole discretion.
We reserve the right to recover from Your Account the amount of any affected payouts and/or recover those sums from You if they have been withdrawn, in the event that You have participated in any form of collusion or fraudulent practice, regardless of Your knowledge or innocence. Pixlona shall not be held liable for any consequences that arise from Your use or misuse of the Services.
9. Bonuses, referral points and Promotions
From time to time, Pixlona may offer bonuses to newly depositing or purchasing Users and for other marketing purposes. Any bonuses and/or promotions are subject to their respective terms and requirements. Any referral money or bonuse is non withdrawable money, can only be used to partcipate in tournaments.
You may request a withdrawal of funds from the available account balance in Your Account at any time subject to these Terms and upon verification of Your identity and eligibility and upon reaching minimum threshold set by pixlona.
11.INTELLECTUAL PROPERTY RIGHTS
11.1. Copyright Information and Personal & Non-Commercial Use Limitation
Content within the Services, including, without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by Synclusive Innovation Pvt. Ltd. under its business name Pixlona and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. Pixlona does not claim ownership of intellectual property owned by third parties.
Except as expressly permitted by this Agreement, Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available through the Services. In addition, Users must not:
11.1.1. Modify copies of any materials available through the Services;
11.1.2. Reprint or electronically reproduce any content available through the Services, in whole or in part;
11.1.3. Provide copyrighted or other proprietary content to FirstBlood or make such content available through the Services without permission from the owner of such material or rights;
11.1.4. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the Services; or
11.1.5. Access or use for any commercial purposes any part of or materials available through the Services.
Printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the Services in breach of this Agreement may result in the termination of a User’s Account, prohibition from using the Services, and/or legal action. Content owners may take criminal or civil action against Users for unauthorized use of intellectual property. Users agree to indemnify and hold FirstBlood harmless from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via the Services.