Terms of Service

Last updated: March 17, 2023

Introduction
Welcome to Shinobi Story, a video game developed and operated by PixelBulb Studio. These Terms of Service ("Terms") govern your access to and use of Shinobi Story and any related services provided by PixelBulb Studio (collectively, the "Services"). By accessing, downloading, or using the Services, you agree to be bound by these Terms.

Account Registration
To access and use the Services, you must create an account. By creating an account, you represent that you are at least 13 years of age and have the legal capacity to enter into these Terms. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up-to-date.

Privacy
We collect certain personal information from you, such as your IP address and email address. We use this information to provide and improve the Services, manage your account, and communicate with you. For more information on how we collect and use your personal information, please review our Privacy Policy.

In-game Purchases and Subscriptions
Shinobi Story may offer in-game purchases and subscriptions. By making a purchase, you agree to pay the specified price and any applicable taxes. All purchases are final and non-refundable, except as required by law or as specified in our refund policy. You may request a refund within 72 hours of purchase by submitting a ticket to our support team. Refunds are not available for redeemed items or after 72 hours. We reserve the right to close your account or charge additional fees for any outstanding balance or chargebacks.

User-Generated Content
You are responsible for all content that you create, upload, or otherwise make available on or through the Services, including but not limited to, in-game chat, forum posts, and Discord messages (collectively, "User Content"). By creating or uploading User Content, you grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, modify, and display your User Content in connection with the Services.

Code of Conduct
You agree to comply with our Code of Conduct, which prohibits cheating, hacking, exploiting, publishing cheats or exploits, harassment, phishing, creating or sharing offensive content, or disrupting public spaces. Violation of the Code of Conduct may result in the suspension or termination of your account or access to the Services.

Third-Party Software and Modifications
You may not use any third-party software, mods, or tools to modify, hack, or otherwise interfere with the Services. Any unauthorized use of third-party software or modifications may result in the suspension or termination of your account or access to the Services.

Intellectual Property Rights
All intellectual property rights related to the Services, including but not limited to copyrights, trademarks, patents, and trade secrets, are owned by PixelBulb Studio or its licensors. You may not use, reproduce, distribute, modify, or create derivative works of the Services or any associated content without our prior written consent.

Dispute Resolution
You agree that any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding on both parties.

Changes to the Terms
We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website or through other appropriate communication channels. Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the updated Terms.

Limitation of Liability
To the maximum extent permitted by law, PixelBulb Studio and its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, 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 Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; 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, and even if a remedy set forth herein is found to have failed its essential purpose.

Indemnification
You agree to defend, indemnify, and hold harmless PixelBulb Studio and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Services; (ii) a breach of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, 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.

Termination
We may terminate or suspend your account and access to the Services at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by submitting a request to our support team. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Severability
If any provision of these Terms is found to be invalid or unenforceable under any applicable law, such provision shall be deemed to be modified to the minimum extent necessary to make it valid and enforceable, and if no such modification is possible, then such provision shall be deemed deleted without affecting the remaining provisions of these Terms.

Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published on our website or within the Services, constitute the entire agreement between you and PixelBulb Studio concerning your use of the Services, and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and PixelBulb Studio with respect to the Services.

Waiver
No waiver of any provision of these Terms shall be effective unless it is in writing and signed by an authorized representative of PixelBulb Studio. The failure of PixelBulb Studio to require your performance of any provision in these Terms shall not affect its right to require such performance at any time thereafter.

Headings
The headings used in these Terms are for convenience only and shall not be considered in interpreting or construing these Terms.

Notices
All notices, requests, and other communications under these Terms must be in writing and sent to the contact information specified in Section 15. We may provide you with notices, including those regarding changes to these Terms, by email or through the Services. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

Relationship of Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and PixelBulb Studio. You and PixelBulb Studio are independent contractors, and neither party has the authority to bind the other or to incur any obligation on the other's behalf.

Third-Party Services
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by PixelBulb Studio. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services. You further acknowledge and agree that PixelBulb Studio 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 third-party websites, applications, or services.

Compliance with Laws
You agree to comply with all applicable laws, regulations, and rules in connection with your use of the Services, including but not limited to, export control laws and regulations. You represent and warrant that you are not (i) located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a "terrorist-supporting" country, or (ii) listed on any U.S. government list of prohibited or restricted parties.

Updates and Maintenance
PixelBulb Studio reserves the right, at its sole discretion, to update, modify, or discontinue the Services, or any part thereof, with or without notice. We may also perform scheduled or unscheduled maintenance on the Services, which may result in temporary or permanent suspension of access to the Services. You acknowledge and agree that PixelBulb Studio shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

Feedback
We welcome your feedback, suggestions, and ideas about the Services. By submitting any feedback, you agree that your submissions are voluntary, gratuitous, and without any expectation of compensation or confidentiality. You grant PixelBulb Studio a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free license to use, reproduce, distribute, create derivative works of, publicly display, and publicly perform any feedback, suggestions, or ideas that you provide, in whole or in part, for any purpose without any obligation to you.

International Users
The Services are controlled, operated, and administered by PixelBulb Studio from its offices within the United States. We make no representation that the Services are appropriate or available for use outside the United States, and access to the Services from territories where their content is illegal is prohibited. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws.

No Rights of Third Parties
These Terms do not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services.

Reservation of Rights
All rights not expressly granted to you in these Terms are reserved and retained by PixelBulb Studio or its licensors, suppliers, publishers, rights holders, or other content providers. The Services and the content provided through the Services are the property of PixelBulb Studio or its licensors and are protected by copyright, trademark, and other intellectual property laws. No part of the Services or the content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PixelBulb Studio.

Equitable Relief
You acknowledge that a breach of any of the provisions of these Terms may cause PixelBulb Studio irreparable harm, for which the award of damages would not be an adequate remedy. Consequently, PixelBulb Studio may seek an injunction, specific performance, or other equitable relief to prevent or restrain any breach or threatened breach of these Terms by you, without prejudice to any other rights and remedies that PixelBulb Studio may have.

Survival
All provisions of these Terms that, by their nature, should survive termination of your access to the Services, including but not limited to, provisions regarding intellectual property rights, indemnification, limitations of liability, and dispute resolution, shall continue in full force and effect following such termination.

Language
These Terms were originally written in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

Electronic Signatures
You acknowledge and agree that by clicking on the button labeled "Submit," "Download," "I Agree," "I Accept," or such similar links as may be designated by PixelBulb Studio to accept these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms.

Age Restrictions
By using the Services, you represent and warrant that you are at least 13 years of age. If you are under 13, you may not, under any circumstances or for any reason, use the Services. PixelBulb Studio may, in its sole discretion, refuse to offer the Services to any person or entity and may change the eligibility criteria for using the Services at any time.

Virtual Items and In-Game Currencies
The Services may include virtual items, such as virtual currency, virtual goods, or other digital assets (collectively, "Virtual Items"), that may be purchased with real-world money or earned through gameplay. Virtual Items are not redeemable for real-world money or any other item of monetary value and have no cash value. Virtual Items are non-transferable, non-refundable, and cannot be exchanged, traded, or sold for real-world money or other goods or services, except as expressly permitted by PixelBulb Studio.

You acknowledge and agree that all sales of Virtual Items are final and that we will not provide refunds for any reason. PixelBulb Studio may manage, regulate, control, or modify the availability of Virtual Items at any time, with or without notice, and we shall have no liability to you or anyone else for the exercise of such rights.

By purchasing or earning Virtual Items, you are granted a limited, personal, non-transferable, non-sublicensable, revocable license to use the Virtual Items solely within the Services. You have no property interest or right to sell, transfer, or dispose of any Virtual Items, except as expressly permitted by PixelBulb Studio.

Promotions and Contests
From time to time, PixelBulb Studio may conduct promotions or contests in connection with the Services. Participation in such promotions or contests is voluntary, and you agree to be bound by any additional terms and conditions applicable to such promotions or contests, which will be posted or otherwise made available to you.

User Content
The Services may allow you and other users to create, post, share, or store content, including but not limited to text, images, videos, and other materials (collectively, "User Content"). You are solely responsible for any User Content that you submit, post, or transmit through the Services, and you agree not to submit, post, or transmit any User Content that:

a) is unlawful, defamatory, libelous, offensive, obscene, pornographic, hateful, abusive, harassing, threatening, or otherwise violates any law or infringes upon the rights of any third party, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
b) contains viruses, malware, or any other harmful computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
c) promotes illegal activities or contributes to the creation of weapons, illegal materials, or any form of harassment;
d) impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
e) constitutes unauthorized or unsolicited advertising, junk or bulk email (spam), chain letters, or any other form of unauthorized solicitation;
f) involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
g) is otherwise objectionable, as determined by PixelBulb Studio in its sole discretion.

PixelBulb Studio does not claim ownership of your User Content. However, by submitting, posting, or transmitting User Content through the Services, you grant PixelBulb Studio a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and PixelBulb Studio's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also waive any moral rights you may have in your User Content.

PixelBulb Studio reserves the right, but has no obligation, to monitor, review, edit, remove, or refuse to post any User Content, in whole or in part, at its sole discretion. PixelBulb Studio assumes no responsibility for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is PixelBulb Studio liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

Reporting Violations
If you become aware of any violation of these Terms, you agree to promptly notify PixelBulb Studio by contacting us at the email address provided in Section 15. PixelBulb Studio reserves the right, but has no obligation, to investigate and take appropriate legal action in its sole discretion against anyone who violates these Terms, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators, and reporting them to the appropriate authorities.

Availability
PixelBulb Studio does not guarantee that the Services will always be available, uninterrupted, secure, or error-free. We may also suspend the Services for operational reasons, including but not limited to maintenance, repairs, or upgrades, at our sole discretion and without prior notice.

Integration and Severability
These Terms, together with the Privacy Policy and any other legal notices or agreements published by PixelBulb Studio on the Services, constitute the entire agreement between you and PixelBulb Studio concerning your use of the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PixelBulb Studio's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Force Majeure
PixelBulb Studio shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond its reasonable control, including but not limited to 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.

Assignment
You may not assign, delegate, or transfer your rights or obligations under these Terms without the prior written consent of PixelBulb Studio. Any purported assignment or delegation in violation of this section shall be null and void. PixelBulb Studio may assign or transfer these Terms or any of its rights or obligations hereunder without restriction and without notice to you.

Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.

Waiver of Class Actions
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PIXELBULB STUDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and PixelBulb Studio agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by PixelBulb Studio on the Services, shall constitute the entire agreement between you and PixelBulb Studio concerning the Services. In the event of any conflict between these Terms and any other agreement you may have with PixelBulb Studio, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.

By using the Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. If you do not agree to these Terms, please do not access or use the Services.