Terms of Service

1. Introduction

Welcome to DevPixelWorks. By accessing our website at www.devpixelworks.com, you agree to be bound by these Terms of Service and to use our website in accordance with these Terms of Service. If you disagree with any part of these terms, please do not use our website.

2. Definitions

For the purposes of these Terms of Service:

  • "Service" refers to the website operated by DevPixelWorks.
  • "Products" refers to the digital games and related content available for purchase through our Service.
  • "User", "You", and "Your" refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
  • "We", "Us", and "Our" refers to DevPixelWorks.

3. Purchases

If you wish to purchase any product made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your email, your address, your phone number, and your credit card details.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

All sales are final and no refund will be issued except in our sole discretion. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product availability, errors in the description or price of the product, error in your order, or other reasons.

4. Product Availability and Pricing

We reserve the right to discontinue any product at any time. We also reserve the right to change the prices of our products at any time without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service or products.

5. Digital Content and License

Upon purchasing digital content from our Service, we grant you a non-exclusive, non-transferable license to use the digital content for personal, non-commercial purposes on devices owned or controlled by you, subject to the restrictions set forth in these Terms of Service.

You may not:

  • Make the digital content available to any third party
  • Redistribute or sell the digital content
  • Remove any proprietary notices or labels on the digital content
  • Modify or make derivative works based upon the digital content
  • Use the digital content for any commercial purpose

6. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

7. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of DevPixelWorks and its licensors. The Service is protected by copyright, trademark, and other laws of both New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DevPixelWorks.

8. User Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the content that you post to the Service, including its legality, reliability, and appropriateness.

By posting content to the Service, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service. You retain any and all of your rights to any content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

9. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by DevPixelWorks.

DevPixelWorks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DevPixelWorks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

11. Limitation of Liability

In no event shall DevPixelWorks, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

12. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

15. Contact Us

If you have any questions about these Terms, please contact us:

  • By email: [email protected]
  • By phone: +34 722 812 982
  • By mail: 3 Paseo de las Acacias, Madrid, 28005

Last updated: Feb 15, 2025