Cool that you want to play our game. This is our agreement at a glance:
Welcome to Drill Wars!
(scroll down for the complete agreement)
Effective Date: August 15, 2022
(Changes since June 5, 2020: added section 10, which applies to users of Apple devices only.)
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Pixel Ceremony policies, Pixel Ceremony grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You may also record audio, video and screenshots of the Service ("Recordings") and incorporate them into your own audio, video or textual publications or live streams (“Derivative Recordings”) and use them for the purposes of review, critique, demonstration or entertainment. These Derivative Recordings may have a commercial purpose. You do not have the right to transfer, assign or sublicense this right to use the Recordings or Derivative Recordings to a third party without Pixel Ceremony’s consent. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
During the Account creation process, you will be required to select a password or you may log in via a third party service such as Apple Game Center or Google Play Games ("Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and change your Login Information in order to minimise the risk of unauthorised access or use. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
You are not allowed to use the Service in violation of these License Limitations. Any violation is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
We reserve the right to determine what conduct is in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We also reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
WITHOUT LIMITING ANY OTHER REMEDIES, PIXEL CEREMONY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO PIXEL CEREMONY SERVICES OR PORTIONS THEREOF IF YOU ARE, OR PIXEL CEREMONY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND GAME PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS OR PRIVILEGES ASSOCIATED WITH YOUR USE OF THE SERVICE, AND PIXEL CEREMONY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
PIXEL CEREMONY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Pixel Ceremony reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Pixel Ceremony shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. You may terminate your Account at any time and for any reason by informing Pixel Ceremony that you wish to terminate your Account. You can do this by sending us an email to support(at)pixelceremony.com
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Pixel Ceremony game client, and the Pixel Ceremony game clients and server software) are owned by Pixel Ceremony. Pixel Ceremony reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PIXEL CEREMONY.
Pixel Ceremony owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Pixel Ceremony games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Pixel Ceremony game, whether earned in a game or purchased from Pixel Ceremony, or any other attributes associated with an Account or stored on the Service.
Pixel Ceremony assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Pixel Ceremony does not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service.
If at any time Pixel Ceremony chooses, in its sole discretion, to monitor the Service, Pixel Ceremony nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
The Service may include various forums and blogs where you can post User Content, including your observations and comments on designated topics. Pixel Ceremony cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Pixel Ceremony shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Pixel Ceremony may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Pixel Ceremony violates these Terms of Service.
You hereby grant to Pixel Ceremony an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Pixel Ceremony the right to authorize others to exercise any of the rights granted to Pixel Ceremony under these Terms of Service. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Pixel Ceremony does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Pixel Ceremony has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Pixel Ceremony games. Pixel Ceremony reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Pixel Ceremony to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Pixel Ceremony access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You understand that the Service is an evolving one. Pixel Ceremony may require that you accept updates to the Service and to Pixel Ceremony's games you have installed on your computer. You acknowledge and agree that Pixel Ceremony may update the Service and Pixel Ceremony games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Pixel Ceremony's Games.
WITHOUT LIMITING PIXEL CEREMONY's LIABILITY UNDER SECTION 6 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PIXEL CEREMONY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PIXEL CEREMONY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIXEL CEREMONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PIXEL CEREMONY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO PIXEL CEREMONY IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO PIXEL CEREMONY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND PIXEL CEREMONY EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH PIXEL CEREMONY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Pixel Ceremony may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Pixel Ceremony's liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF PIXEL CEREMONY.
You agree to indemnify, defend and hold Pixel Ceremony harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
If a dispute arises between you and Pixel Ceremony, we strongly encourage you to first contact us directly at support(at)pixelceremony.com. You agree that all disputes between you and Pixel Ceremony shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Pixel Ceremony must be resolved exclusively by a court located in Helsinki, Finland.
Pixel Ceremony may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Pixel Ceremony shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Pixel Ceremony.
You acknowledge that the rights granted and obligations made under these Terms of Service to Pixel Ceremony are of a unique and irreplaceable nature, the loss of which shall irreparably harm Pixel Ceremony and which cannot be replaced by monetary damages alone so that Pixel Ceremony shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Pixel Ceremony game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
Pixel Ceremony shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Pixel Ceremony, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Pixel Ceremony's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
The terms in this subsection shall apply to You if You use the Service on an Apple Inc. branded device, such as an iPhone, iPad or Mac computer.
In the following, "Licensed Application" means the application installed on your Apple device for the purposes of using the Service, and "Apple" means the company Apple Inc.
You and Pixel Ceremony acknowledge that these Terms of Service are concluded between You and Pixel Ceremony only, and not with Apple, and Pixel Ceremony, not Apple, is solely responsible for the Licensed Application and the content thereof. These Terms of Service shall not provide for usage rules that are in conflict with the Apple Media Services Terms and Conditions. If such a conflict nevertheless exists, the Apple Media Services Terms and Conditions shall prevail.
The license granted to You to use the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Pixel Ceremony is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the Terms of Service, or as required under applicable law. You and Pixel Ceremony acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Pixel Ceremony is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Pixel Ceremony's sole responsibility.
You and Pixel Ceremony acknowledge that Pixel Ceremony, not Apple, is responsible for addressing any claims of You or any third party relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Pixel Ceremony's Licensed Application's use of the HealthKit and HomeKit frameworks. Pixel Ceremony's liability is not limited beyond what is permitted by applicable law.
You and Pixel Ceremony acknowledge that, in the event of any third party claim that the Licensed Application or Your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Pixel Ceremony, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You must represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Any questions, complaints or claims with respect to the Licensed Application should be directed to: firstname.lastname@example.org (post address: Pixel Ceremony Oy, Pohjoiskaari 15 A 2, 00200 Helsinki, Finland)
You must comply with applicable third party terms of agreement when using the Licensed Application, e.g. Your wireless data service agreement.
You and Pixel Ceremony acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms of Service, and that, upon Your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against Your as a third party beneficiary thereof.