Terms and Conditions - Foxfire Pixel

These Terms and Conditions form a binding legal agreement between you and Foxfire Pixel. By accessing our website, using our services, or engaging with us in any business capacity, you acknowledge that you have read, understood, and agree to be bound by these terms.

These terms supplement our Terms of Service and Privacy Policy. If you do not agree to these terms, you should not use our website or services. Your continued use constitutes acceptance of any modifications we make to these terms.

Contact Information

Foxfire Pixel
65 Yonge Street
Toronto, ON M5E 1J4
Canada

Phone: +14163927120
Email: info@foxfire-pixel.com

User Obligations and Conduct

Legal Compliance

You agree to use our website and services in full compliance with all applicable local, provincial, national, and international laws and regulations. This includes laws related to data privacy, intellectual property, export controls, and consumer protection.

You are solely responsible for ensuring that your use of our services complies with all laws applicable to your jurisdiction and business activities. We are not responsible for your failure to comply with applicable laws.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Attempting to gain unauthorized access to our systems, networks, or data
• Transmitting viruses, malware, or any harmful code
• Engaging in any fraudulent, deceptive, or misleading activities
• Harassing, threatening, or abusing our staff or other users
• Using automated systems to access our website without permission
• Interfering with the proper functioning of our services
• Violating any intellectual property rights
• Impersonating any person or entity

Content Standards

Any content you submit to us through contact forms, project materials, or other communications must not contain material that is unlawful, threatening, defamatory, obscene, inflammatory, fraudulent, or otherwise objectionable.

You represent and warrant that you have the necessary rights, licenses, and permissions for any content you provide to us and that such content does not infringe on the intellectual property or other rights of third parties.

Age Requirements

Our services are intended for businesses and individuals who are at least 18 years of age or the age of majority in their jurisdiction. By using our services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into binding contracts.

User Responsibilities

Account Security

If you create any account or receive access credentials for our services, you are responsible for maintaining the confidentiality of your login information and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.

Accurate Information

You agree to provide accurate, current, and complete information when communicating with us or using our services. This includes contact information, project requirements, business details, and any other information we request for legitimate business purposes.

You must promptly update any information you provide to us if it changes. Providing false, inaccurate, or misleading information may result in termination of services and potential legal action.

Indemnification

You agree to indemnify, defend, and hold harmless Foxfire Pixel, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, your violation of these terms, or your violation of any rights of third parties.

Privacy and Data Protection

You are responsible for complying with applicable data protection and privacy laws when providing us with information about third parties, such as end users of games we develop for you. You must ensure you have appropriate consent and legal basis for sharing such information with us.

Disclaimers and Warranties

Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without any warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including:

• Implied warranties of merchantability
• Implied warranties of fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding accuracy, reliability, or completeness
• Warranties that our services will be uninterrupted or error-free

No Guarantee of Results

While we strive to deliver high-quality game development services, we make no guarantees or warranties regarding the commercial success, profitability, user engagement, download numbers, ratings, reviews, or any other measure of success for games we develop. Game performance depends on numerous factors beyond our control, including market conditions, competition, marketing efforts, player preferences, timing, platform algorithms, and many other variables.

Third-Party Services and Content

Our website may contain links to third-party websites, services, or resources. We are not responsible for the availability, accuracy, content, or functionality of third-party services. Any dealings you have with third parties are solely between you and the third party. We do not endorse or make any representations about third-party services.

Limitation of Liability

Exclusion of Certain Damages

To the maximum extent permitted by applicable law, in no event shall Foxfire Pixel be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of business opportunities
• Loss of data or information
• Loss of goodwill or reputation
• Cost of procurement of substitute services
• Business interruption losses

Cap on Liability

Our total aggregate liability for any and all claims arising out of or related to these terms or your use of our services, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to Foxfire Pixel during the twelve months immediately preceding the event giving rise to the liability.

If no fees have been paid, our total liability shall not exceed $100 USD.

Essential Purpose

These limitations of liability are fundamental elements of the agreement between you and Foxfire Pixel. Our services would not be provided without these limitations. These limitations apply even if we have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these terms due to circumstances beyond their reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather
• War, terrorism, civil unrest, or government action
• Labor disputes, strikes, or lockouts
• Pandemics, epidemics, or public health emergencies
• Failure of utilities, telecommunications, or internet services
• Cyber attacks or significant technology failures

The affected party will make reasonable efforts to minimize the impact of such events and resume performance as soon as reasonably possible.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.

Jurisdiction and Venue

You irrevocably agree that the courts of the Province of Ontario shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter or formation.

All disputes shall be resolved in the courts located in Toronto, Ontario, Canada, and you consent to the personal jurisdiction of such courts.

Dispute Resolution Process

Before initiating any legal proceedings, both parties agree to attempt to resolve any dispute through good faith negotiation. If negotiation fails to resolve the dispute within 30 days, either party may pursue other remedies.

Both parties agree to consider alternative dispute resolution methods, such as mediation or arbitration, before resorting to litigation when appropriate and mutually agreeable.

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent. If modification is not possible, the provision shall be severed from these terms. The remaining provisions shall continue in full force and effect.

Additional Legal Provisions

Entire Agreement

These Terms and Conditions, together with our Terms of Service, Privacy Policy, and any project-specific agreements, constitute the entire agreement between you and Foxfire Pixel and supersede all prior or contemporaneous communications and proposals.

No Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations under these terms without restriction, including to any successor or acquiring entity.

Relationship of Parties

Nothing in these terms creates any partnership, joint venture, agency, or employment relationship between you and Foxfire Pixel. Neither party has authority to bind the other or to incur obligations on the other's behalf without prior written consent.

Survival

Provisions that by their nature should survive termination of these terms shall survive, including provisions related to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

Modifications to These Terms

We reserve the right to modify these Terms and Conditions at any time. Modifications will be effective immediately upon posting on this page with an updated "Last Updated" date. Material changes will be communicated through our website or via email when appropriate. Your continued use of our services after modifications constitutes acceptance of the updated terms. We encourage you to review these terms regularly to stay informed of any changes.

Questions or Concerns

If you have any questions, concerns, or require clarification regarding these Terms and Conditions, please contact us. We are committed to addressing your concerns and providing clear information about our terms.

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