Terms & Conditions

OF THE PIXEL HEROES WEBSITE

1.INTRODUCTION

1. 1.1.These Terms of Service specify the scope and rules for the use of the Website by individual Users free of charge.
2. 1.2.PIXEL LIMITED, a company limited by shares established under the laws of Belize with its registered office in Belize City address 9 Barrack Road, Belize City, Belize is the Service Provider and the owner of the Website, authorized to administer its resources.
3. 1.3.The Service Provider provides the Services described in these Terms of Service through the Website available at: PixelCase.io subject to these Terms of Service.
4. 1.4.These Terms of Service constitute a binding and enforceable legal contract between the User and the Service Provider.
5. 1.5.By accessing the Website, the Services, or their content, you also acknowledge that you comply with the requirements listed herein, and you comply with the applicable law. The Privacy Policy and other additional terms, guidelines, and rules as set forth on the Website are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User.

2.DEFINITIONS

1. 2.1.Consumer – any natural person who performs legal actions with the Service Provider, which are not directly connected with its professional or business activity. A Consumer is also a natural person using the Website or the Services when such use is not a professional nature of that person.
2. 2.2.Content – any software, applications, databases, graphic design, images, logos, texts, screenshots, videos, tools, audio recordings, printouts, solutions, articles, opinions, analysis or any other data or materials made available by the Service Provider on the Website or when using the Services.
3. 2.3.“GDPR” – regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of the Personal Data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
4. 2.4.ICT Systems – without limitation are all computers, communications, electronics, data processing or cloud systems used by the Service Provider or the User in relation to the use and/or provision of the services under this Terms of Service.
5. 2.5.Privacy Policy –  privacy notice and cookie notice dedicated to the Website, the Services and other associated services, available at: https://nft.pixelcase.io/privacy.
6. 2.6.Service Provider – PIXEL LIMITED, a company limited by shares established under the laws of Belize with its registered office in Belize address 9 Barrack Road, Belize City, Belize.
7. 2.7.Services – services rendered by the Service Provider to a User under these Terms as defined in section 7 of these Terms.
8. 2.8.Terms of Service or Terms – these Terms of Service for the Website and the Services.
9. 2.9.Third-Party – an entity other than the Service Provider or the Service Provider’s affiliates that provides the Third-Party Services.
10. 2.10.Third-Party Service – software or services provided by an entity other than the Service Provider or the Service Provider’s affiliate that are linked to from the Website.
11. 2.11.User(s) / you – a person using the Website. The User may be a Consumer.
12. 2.12.Wallet – a cryptocurrency wallet(s) owned by the User and connected by the User to the Website.
13. 2.13.Website – a website operated by the Service Provider on which the Services are provided, available at:https://nft.pixelcase.io/mint.

3.GENERAL PROVISIONS

1. 3.1.The Service Provider provides its Services through its Website, subject to the following terms and conditions.
2. 3.2.

   The Terms of Service set out the following:

   1. 3.2.1.principles of use of the Website by the Users;
   2. 3.2.2.type and scope of the Services supplied electronically on the Website;
   3. 3.2.3.conditions for conclusion and termination of agreements;
   4. 3.2.4.complaint procedure.
3. 3.3.No fees are charged or collected for use of the Website or the Services.

4.CONTACT

1. 4.1.

   The User can contact the Service Provider in matters relating to the Website or the Services using one of the following channels:

   1. 4.2.1.E-mail: contact@pixelcase.io – to use this channel, the User shall have an active e-mail address.
   2. 4.2.2.Discord: https://discord.gg/pixelcase– to use this channel, the User shall have an active Discord account.
2. 4.2.The Service Provider may contact the User using the same contact channels as set out in clause 4.1. above. If the User uses these communication channels, the User agrees that the Service Provider may communicate with the User through these channels in response.
3. 4.3.The Service Provider may also communicate with the User (i) by posting an information on the Website, (ii) by sending the User a message to the Discord address that the User has previously provided to the Service Provider.

5.REQUIREMENTS TO USE THE WEBSITE OR THE SERVICES

1. 5.1.The Service Provider may contact the User using the same contact channels as set out in clause 4.1. above. If the User uses these communication channels, the User agrees that the Service Provider may communicate with the User through these channels in response.
2. 5.2.

   To use the Website, the ICT System used by the User shall meet the following minimum technical requirements:

   1. 5.2.1.a device connected to the Internet with the latest, full version of Chrome, Safari, Mozilla Firefox, Opera or Microsoft Edge browser;
   2. 5.2.2.cookies and javascript enabled in the browser;
   3. 5.2.3.screen resolution when displaying the Website with at least 1280x1024 pixels.
3. 5.3.The User is obliged not to take any actions that would affect the proper functioning of the Website. In particular, it is forbidden to interfere in any way with the Content placed on the Website and to provide unlawful content while using the Website.
4. 5.4.The User is obliged to use the Website in accordance with the law and morality, with respect to personal rights and intellectual property rights, in particular copyrights belonging to the Service Provider or Third Parties.

6.CONTENT

1. 6.1.The Service Provider declares that the Content published on the Website is created and edited with due diligence.
2. 6.2.The User hereby acknowledges that all intellectual property rights on the Website and its individual components such as videos, audios, source codes, images, logos, trademarks, or any other materials, including but not limited to copyright, patents, trademark rights, know-how, belong to the Service Provider. The Service Provider does not, to any extent: i) assign, transfer or sell any of its intellectual property rights, in particular copyrights, to the User, as well as it does not ii) grant any license to the User other than the following license.
3. 6.3.The User is authorised to use the Website exclusively for the User’s own personal use. Any data or any other materials found on the Website, both those that are protected under copyright law and those that are not, cannot be used for the User’s commercial activities.

7.SERVICES

1. 7.1.

   The Services include the following functionalities, described in detail in this section 7:

   1. 7.1.1.Content Access Service,
   2. 7.1.2.Wallet Connection Service,
   3. 7.1.3.Check Your Wallet Service,
   4. 7.1.4.Pixel List Service,
   5. 7.1.5.Mint of the NFT Service.
2. 7.2.

   The contract between the User and the Service Provider on the use of the Website and its Services is concluded as regards:

   1. 7.2.1.the Content Access Service – when the User accesses the Website;
   2. 7.2.2.the Wallet Connection Service – when the User clicks on the “Connect wallet” button or equivalent button and connects its Wallet to Website. Note that by connecting the Wallet, the Service Provider does not gain control or access to any of the assets held in the Wallet;
   3. 7.2.3.the Check Your Wallet Service – when the User: (i) connects the Wallet(s) to the Website and (ii) clicks on the “Check your wallet” button;
   4. 7.2.4.the Mint of the NFT Service – when the User (i) connects the Wallet(s) to the Website (ii) accepts Terms, the Privacy Policy and declares that it knows that it has no right of withdrawal, (iv) clicks on the “Mint” button, and/or (v) passes the payment procedure for the NFT, and/or (vi) the NFT is downloaded to its Wallet.
3. 7.3.By concluding the contract referred to in clause 7.2. above, the User, acting on its behalf, (i) represents that it is authorised and legally able to enter into the contract, (ii) confirms that it is is aware of and complies with these Terms and the Privacy Policy, (iii), confirms that it has no right of withdrawal, (iv) agrees to be bound by these Terms and the Privacy Policy.
4. 7.4.Continued use of the Website and Services is considered as declaration of will to be bound by these Terms and acknowledgment of the Privacy Policy.
5. 7.5.The User is authorised to use the Website and/or the Services exclusively for its own use.

6. Content Access Service

7. 7.6.The Service Provider provides the Users with the Content, including the content describing the Services contained on the Website, both in the form of graphic and textual information.
8. 7.7.The User may use the Content Access Service by selecting an adequate tab available on the Website.
9. 7.8.The Content Access Service may include a download function, allowing the User to download and record on the User’s device certain information from the Website (for example in the form of a file in a PDF format). The Service Provider is not providing the User with means to open files using a PDF format.
10. 7.9.The Service Provider does not charge any fees for providing the Content Access Service.

11. Wallet Connection Service

12. 7.10.The Wallet Connection Service enables the User to connect its Wallet to the Website. 
13. 7.11.

    To connect the Wallet, the User must:

    1. 7.11.1.click on the proper button on the Website, i.e. “Connect Wallet”; and then
    2. 7.11.2.click the “Metamask” or the “Wallet Connection” button – depending on which of this solution the User uses;
    3. 7.11.3.proceed with the Third-Parties form to connect the Wallet (for instance, the User will be obliged to provide the Wallet address, as well as may be obliged to undergo the KYC Procedure).
14. 7.12.The User acknowledges and understands that the Wallet is an external tool, specifically an electronic wallet, provided by the Third-Party that allows the User to engage in blockchain transactions on the Website. The Service Provider does not exercise any control over the operation of the Wallet(s) and cannot be deemed as a provider of such solutions. The provision of section 9 shall apply accordingly.
15. 7.13.Connection of an external Wallet is free of charge.

16. Check Your Wallet Service

17. 7.14.The Check Your Wallet Service enables the User to check if its Wallet is on the whitelist.
18. 7.15.To use the Check Your Wallet Service the User must: (i) access the Website, (ii) connect its Wallet, (iii) go to the “Mint” tab and (iv) click on the “Check your Wallet” button. After clicking on the “Check Your Wallet” button, the User will be shown whether its Wallet is on the whitelist or not.
19. 7.16.The Check Your Wallet Service is free of charge.

20. Pixel List Service

21. 7.17.The Pixel List Service enables the User to subscribe to a list in order to participate in the NFT mint.
22. 7.18.To use the Pixel List Service the User must: (i) access the Website, (ii) connect its Wallet, (iii) go to the “Pixel List” tab, (iv) enter its Wallet address, (v) perform the relevant tasks indicated on the Website, (vi) click on the “Submit” button. After clicking on the “Submit“ button, the User will be added to the Pixel List.
23. 7.19.The Pixel List Service is free of charge.

24. Mint of the NFT Service

25. 7.20.Mint of the NFT Service enables the User to mint the NFT.
26. 7.21.To use the Mint of the NFT Service the User must: (i) access the Website, (ii) connect its Wallet, (iii) go to the “Mint” tab during the mint phase, (iv) click on the active “Mint” button, and/or (v) go through the payment procedure.
27. 7.22.When the “Mint” button is clicked, the set amount will be deducted from the Users’ Wallet.
28. 7.23.Please note that the Gas Fee is charged at the moment of the transaction. The charging of the Gas Fee is an inherent part of the blockchain technology and is independent of the Service Provider. By clicking the “Mint” button the User agrees to pay the Gas Fee.
29. 7.24.For more details on the Mint of the NFT Service, see Appendices 1-3.
30. 7.25.The use of the mint of the NFT Service itself is free of charge. A fee is payable for the mint of the NFT.

8.WITHDRAWAL RIGHT

1. 8.1.The Service Provider explicitly disclaims any ownership or control over the virtual assets held by the Users on their Wallet. The preceding sentence does not limit or exclude the Service Provider's liability as regards performance of the Services. The User acknowledges and understands that the virtual assets, being beyond the control of the Service Provider, are inherently exposed to various risks and uncertainties.
2. 8.2.

   The User accepts and acknowledges each of the following risks:

   1. 8.2.1.the prices of blockchain assets are extremely volatile. Fluctuations in the price of all kinds of virtual assets could materially and adversely affect the value of the virtual assets, which may also be subject to significant price volatility;
   2. 8.2.2.the virtual assets are digital assets that exist only by virtue of the ownership record maintained in the certain blockchain. All smart contracts are conducted and occur on the decentralized ledger. The Service Provider has no control over, and make no guarantees, warranties or promises with in relation to smart contracts;
   3. 8.2.3.the Service Provider will not be liable to the User for any losses the User incurs as a result of the User’s use of the blockchain technology. This includes, but is not limited to, losses, damages or claims arising from (i) the User error (e.g. forgotten access information (such as private keys, seeds or mnemonics or incorrectly construed smart contracts or other transactions); (ii) server failure or data loss; (iii) corrupted wallet files; (iv) unauthorized access or activities by the Third-Parties, including but not limited to the use of viruses, phishing, or other means of attack against the Website or any other tool connected to the Website. The Service Provider is also not responsible for losses due to blockchains, or any other tool connected to the Website, including but not limited to late report (or no report) by developers or representatives of any issues with the blockchain, including forks, technical node issues or any other issues having fund losses as a result;
   4. 8.2.4.there are inherent security risks in providing information and dealing online over the Internet. The Service Provider implements appropriate technological and organizational safeguards to reduce the risk of any security breaches which could result in the accidental or unlawful destruction, loss, alteration, disclosure or access to the User’s information. The Service Provider also releases periodic updates to reduce the risk of security incidents;
   5. 8.2.5.there are risks associated with using Internet-based assets, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that the Third-Parties may obtain unauthorized access to information stored on the Wallet(s). The User accepts and agrees that the Service Provider shall not be responsible for any communication failures, disruptions, errors, distortions or delays the User may experience when using blockchains, however caused;
   6. 8.2.6.a lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Service Provider ecosystem, and therefore the potential utility or value of virtual assets available on the Website;
   7. 8.2.7.the Website, the blockchains and the virtual assets could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of the Service Provider continue to develop the Website, or which could impede or limit the User’s ability to access or use the Website or the blockchains, including access to the virtual assets, and new regulations or policies may materially adversely affect the development of the Service Provider ecosystem, and therefore the potential utility of the virtual assets;
   8. 8.2.8.the User acknowledges that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, digital assets and the  Website, which could result in the theft or loss of the virtual assets. To the extent possible, it is intended to update the protocol underlying the Website to account for any advances in cryptography and to incorporate additional security measures but does not guarantee or otherwise represent full security of the system. By using the Website, the User accepts these inherent risks;
   9. 8.2.9.the User is aware of and accept the risk of operational challenges. The Website may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Website. The User agrees to accept the risk of the Website failure resulting from unanticipated or heightened technical difficulties. The Service Provider does not guarantee that the Website is or will remain updated, complete, correct or secure, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, the Third-Parties may make unauthorized alterations to the Website or the software underlying the Website. Accordingly, the User should verify all information on the Website before relying on it, and all decisions based on information contained on the Website are the User’s sole responsibility and we will have no liability for such decisions.

9.WITHDRAWAL RIGHT

1. 9.1.The right of withdrawal has been excluded. The User, including the Consumer User, has been obliged to pay the price before the conclusion of the Terms consisting of the provision of NFT and a right to claim the NFT arising therefrom. The Service Provider has provided the NFT with the express and prior consent of the User, including the Consumer User, who has been clearly and expressly informed prior to the performance of this Terms that it will lose its right of withdrawal after the performance by the Service Provider and has acknowledge this fact. 

10.THIRD-PARTY SERVICES

1. 10.1.The Website may contain links to external Third-Party Services, for example to social media platforms such as Discord, Medium, or X (Twitter). The links to Third-Party Services serve only as a convenience for Users. The Service Provider is not responsible for any of the Third-Party Services, related products, or website content. 
2. 10.2.These Terms do not apply to such Third-Party Services, unless expressly stated otherwise. If the User uses them, the User does this at their sole responsibility and subject to relevant terms of service and privacy policies of such third parties. The Service Provider recommends each User to consult such terms of service and privacy policies for further information before accessing or using the Third-Party Services.
3. 10.3.The Service Provider is not responsible for any Third-Party Services accessed via a link from the Website, including its accuracy and completeness.

11.TERMINATION OF CONTRACT

1. 11.1.The User may terminate any contract for the provision of the Services at any time, with or without cause and with immediate effect.
2. 11.2.

   The Service Provider may terminate the agreement with the User under these Terms, in whole or in part (as its sole discretion), with an immediate effect, if any of these important reasons occur:

   1. 11.2.1.the User violates these Terms, in particular the rules of conduct set out in section 5;
   2. 11.2.2.the User violates the law or infringes the rights of Third Parties in connection with the use of the Website or the Services;
   3. 11.2.3.the User conducts activities detrimental or harmful to the Service Provider or other Third Parties, in particular activities that violate or threaten the security of the ICT Systems;
   4. 11.2.4.the User uses the Website or the Services in a manner contrary to their objectives, purposes or scope as set out in these Terms.
   5. 11.3.The right to withdraw does not apply in the case of Content Access Service since the subject of such contract in this regard is a continuous performance, under which the obligations of the Service Provider are performed in full.

12.APPLICABLE LAW

1. 12.1.These Terms are governed and construed in accordance with the law of Belize, subject to section 11.2. below. In matters not regulated by these Terms, the relevant provision of law shall apply.
2. 12.2.For the avoidance of doubt, these Terms shall not limit any rights the Users may have as a Consumer that cannot be excluded or limited under applicable law. In the event that User as a Consumer has such rights which cannot be limited, the provisions of the applicable law shall apply.

13.DISPUTES & COMPLAINT PROCEDURE

1. 13.1.Any claim, dispute or matter arising under or in connection with these Terms shall be governed and construed in all respects by the laws of Belize. Disputes arising from these Terms, that could not be resolved between the Users and the Service Provider, will be settled by the competent court.
2. 13.2.The Service Provider informs the Users that it does not use any out-of-court means of redress of claims or alternative dispute resolution providers, unless such an obligation arises from mandatory provisions of law.
3. 13.3.The User, who is Consumer, may file a complaint regarding any defects or interruptions in the functioning of the Website or the Services by submitting the complaint.
4. 13.4.

   The complaint shall include:

   1. 13.4.1.the User’s Wallet ID;
   2. 13.4.2.type and date of the event giving rise to the complaint;
   3. 13.4.3.a detailed description of the event giving rise to the complaint;
   4. 13.4.4.demands of the User making the complaint.
5. 13.5.

   To submit a complaint, the User can contact the Company using one of the following communication channels:

   1. 13.5.1.e-mail: contact@pixelcase.io
   2. 13.5.2.Discord: https://discord.gg/pixelcase

14.LIABILITY

1. 14.1.The Service Provider is liable for the performance of the Services, subject to the sections 14.2-14.6. All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are excluded from this Terms of Service to the fullest extent permitted by applicable law.
2. 14.2.The Service Provider shall iThe Service Provider has no liability to the use if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.nform the User of the planned amendment to these Terms by publication on the Website or via email at least of the following:
3. 14.3.The User agrees to not to hold the Service Provider liable for any damages incurred by the User which were caused, directly or indirectly, by the use, malfunction, lack of access to or inability to use the Website or the Services, where permitted by law.
4. 14.4.The Service Provider reserves the right to interrupt or disrupt the provision of or availability of any Service at any time resulting from the malfunctions of ICT Systems for the functioning of which we are not responsible. The User agrees to not to hold Service Provider liable for any damages caused by such interruption or disruption.
5. 14.5.The Service Provider is not liable for any damages caused by the User's actions or omissions, in particular for damages caused by illegal use of the Website or the Services.
6. 14.6.This section 13 applies to the Service Provider, its affiliates, employees, directors and/or officers, as well as employees, directors and/or officers of the Service Provider’s affiliates.

15.CHANGES TO TERMS OF SERVICE

1. 15.1.

   The Service Provider is entitled to unilaterally change provisions of these Terms if a reasonable need for such changes arises, such as the following important reasons:

   1. 15.1.1.the change in legislation in the law of Belize if such change may affect the provisions of these Terms;
   2. 15.1.2.the issuance of decisions, recommendations, obligations or acts of similar nature, by public administration authorities, including in particular the Consumer Protection and Technical Regulatory Authority, to the extent that such administrative acts modify the provisions of these Terms or impose an obligation on the Service Provider to modify such provisions;
   3. 15.1.3.the introduction of new functionalities of the Website or the Services or modification of their current scope by the Service Provider – in this case the amendment of these Terms shall be limited to the extent concerning such new functionalities;
   4. 15.1.4.the introduction of new or modification of existing ICT Systems by the Service Provider – in this case the amendment of these Terms will be limited to the extent that is objectively necessary and directly related to the introduction or modification of such ICT Systems;
   5. 15.1.5.the emergence of judicial or administrative case-law which indicates that contractual provisions similar to those applied by the Service Providers may be contrary to the law. It applies, in particular, to consumer protection law – in this case a change to the provisions of the concluded contract will be permitted if, upon a comprehensive consideration of the circumstances of the case, it can be objectively assumed that from the perspective of an average User who is a Consumer the proposed change is to its advantage.
2. 15.2.

   The Service Provider shall inform the User of the planned amendment to these Terms by publication on the Website or via email at least of the following:

   1. 15.2.1.the content of the envisaged amendment to these Terms;
   2. 15.2.2.the effective date of amendment;
   3. 15.2.3.the consolidated text of these Terms as amended.
3. 15.3.If the User does not agree to the proposed changes to these Terms, the User shall be entitled to terminate the agreement under these Terms with effect from the date immediately preceding the date of the proposed change. Continued use of the Website or the Services will mean that the User agrees to be bound by the then current version of these Terms.
4. 15.4.Any amendment of these Terms will not affect contractual rights acquired by the User prior to the amendment.

16.DATA PROCESSING

1. 16.1.The rules regarding the processing of personal data and use of cookies of the Users when accessing or using the Website or the Services are set out in the Privacy Policy. We encourage you to review this document to better understand how your personal data and cookies are used.

17.FINAL PROVISIONS

1. 17.1.These Terms enter into force on 30th October 2023.
2. 17.2.If any provision of these Terms is declared invalid or ineffective in whole or in part by a court of law or another competent authority, or if the invalidity or ineffectiveness of any provision of these Terms results from binding legal provisions, or if any provision is found unenforceable to implement in whole or in part, the remaining provisions of these Terms shall remain in full force and effect.
3. 17.3.In matters not regulated by these Terms, the relevant provisions of law shall apply. For the avoidance of doubt, it is considered that none of the provisions of these Terms shall limit the rights of the Consumer under the applicable mandatory law. In the event of the occurrence of a provision of this nature, the provisions of the applicable law shall apply.
4. 17.4.All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms to the fullest extent permitted by applicable law.

Appendices:

1. 1.Terms & Conditions of mint Pixel Heroes NFT Phase One.
2. 2.Terms & Conditions of mint Pixel Heroes NFT Phase Two.
3. 3.Terms & Conditions of mint Pixel Heroes NFT Phase Three.