Agreements

Note:

If your privacy matters to you, there is one little piece of advice worth heeding.  Play this game when you have some privacy, because if someone is watching you play this game they will see the pictures you've taken.  This is something we learned by playing Pix.Tours 001 first-hand and it was sometimes fun, and sometimes not when others were watching.  If all of your pictures are politically correct, or rated-G, then you have nothing to worry about.    

Privacy Policy

Effective date: December 25, 2017 



At Pix.Tours, we care about our privacy just as much as you do yours. We care how your personal information is used and shared, just as if we were using the app (which we do), and we take everyone’s privacy very seriously. We also use this app for our personal photos, so it’s just as important to us to have this information private. 


Please read the following policy to learn more about our Privacy Policies. By using Pix.Tours apps, you acknowledge that you accept the policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. Understand that use of Pix.Tours app is at all times subject to the below terms in this Privacy Policy. Any term we use in this Policy will be defined below.  


Your Privacy Matters to Us!  


We don’t store any of your data, period.  


We don’t collect the data, because we don’t want to make you or ourselves uncomfortable. Pictures are very personal, and so there should be as little collection and connection to you, as possible. We don’t ask for any email, phone numbers, or other personally identifiable information inside the app, nor do we store or use your pictures in any way. The app will process all of your photos on your device, and nothing will leave your device unless you move them yourself. The app is merely a tool for you to move your photos from one folder to another.  


We may and do employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf (i.e. downloading the app, the ads, the leader-board, and in-game purchases), to perform Service-related services or to assist us in analyzing how our Service is used, and how it’s doing. 


Intermediaries like Facebook and Apple iTunes (for Apple Users), Game Center (Apple), and Google Admob, and Google Play (for Android Users). When sharing a score on Facebook, Facebook will ask for a login. They will receive some information when you share a post, but nothing more than what a user would provide during a regular Facebooking session. Game Center for Apple will record your score. Others will be able to see your score on the scoreboard, and you will be able to share it with your friends. Your scoreboard will list you as your username in the Game Center.  


There are ads that are associated with the app, so if you click on an ad, an ad company will gather your information. This will come from Google ads, and there will be some connection to the Apple platform, as well, since the ad framework is accessed through Apple. This information is collected for analytics and for commerce related market analysis. If you purchase the ad-free version, this area of privacy will be unimportant to you.  


Bottom line:  we do not store your photos or personal data, because physically, we can’t do it. It’s not the business we’re in. We’re in the business of helping you get some fun tools to sort and enjoy your visual memories. This app is run solely on the Apple iTunes store (for now). So, even if the paparazzi asked us nicely or even tried to bribe us with the promise of eternal life, we would have to say we just can’t.   



End-User License Agreement (EULA)

For Pix.Tours 001 game App & Pix.Tours the company PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: This End­User License Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) Pix.Tours. An amendment or addendum to this EULA may accompany Pix.Tours 001 mobile, tablet, or computer application. BY CLICKING "I AGREE," THEREBY INSTALLING OR USE PIX.TOURS001, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE MOBILE APPLICATION.   


SECTION 1: DEFINITIONS 1.1. "You" or "Your" shall mean the entity or individual that installs and/or uses the Mobile Application. 1.2. "Mobile Application" shall mean mobile application software and may include associated media, printed materials and "online" or electronic documentation delivered with Pix.Tours001. 


SECTION 2: GRANT OF LICENSE PIX.TOURS grants you the following non­exclusive license provided you agree to and comply with all terms and conditions of this EULA: 2.1. Installation and Use. You may install and use the Mobile Application only as integrated with Pix.Tours001 on any one (1) personal smartphone or (2) tablet (collectively “devices”), or computer compatible with Pix.Tours 001. You may not alter in any manner or fashion of any nature whatsoever or otherwise separate component parts of the Mobile Application from Pix.Tours001. You do not have the right to distribute the Mobile Application to any other individuals or entities. You may load the Mobile Application into your device’s temporary memory (RAM) only for purposes of using Pix.Tours001. This license does not allow you to use the Mobile Application on any device that you do not own or control, and you may not distribute or make the Mobile Application available over a network where it could be used by multiple devices at the same time. 2.2. Storage. After the app starts to process the end-user’s pictures, then the pictures from the end-users device will be copied and stored on their device temporarily (in RAM) for use in the Pix.Tours 001 app itself (during the game picture sorting process), and afterwards they will be deleted from temporary digital memory and stored into the Pix.Tours 001 app-created folders (delete, profession, hobbies, and social).  During the sorting process, the pictures may not be separated from Pix.Tours001 app. As the app processes the pictures and sorts them into the folders, those pictures in the temporary digital storage will be systematically deleted by the app once they are appropriately organized by the end-user. With exception to the picture sorting aspect, all other content is to remain in the Application as part of the Application, Pix.Tours001.  2.3. Reproduction and Redistribution Prohibited. Reproduction and redistribution of this Mobile Application is strictly prohibited for any and all reasons. Unauthorized reproduction and/or redistribution of the Mobile Application or failure to follow the above restrictions will result in automatic termination of this Agreement and will constitute immediate, irreparable harm to PIX.TOURS for which monetary damages would be an inadequate remedy, in which case injunctive relief will be an appropriate remedy for such a breach. This app is only to be distributed over Apple iTunes Store and Google Play Store per Pix.Tours Company.  2.4. Reservation of Rights. The Mobile Application is licensed, not sold, to you by PIX.TOURS. PIX.TOURS owns all rights, title and interest in and to the Mobile Application and reserve all rights not expressly granted to you in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question. 2.5. Additional Licensing Obligations. You acknowledge and agree that your use of certain third party interfaces, including: ads, leaderboard, Facebook Sharing, or sharing of your photos with any other platform option in iPhone or Android devices, included with the Mobile Application may be subject to additional licensing terms and conditions.  For instance, the Facebook links in the game to share content, and google ads in the unpaid version of the app fall into this category.  


SECTION 3: LIMITATIONS No Reverse Engineering. You may not reverse engineer, decompile, disassemble or create derivative works of the Mobile Application, except and only to the extent that the right to do so is mandated under applicable law, and/or under the direction of Pix.Tours through a legally bound partnership. SECTION 4: TERM & TERMINATION 4.1. Term. This EULA is effective unless terminated or rejected formally by PIX.TOURS, and if a new revision is issued. 4.2. Termination. This EULA will terminate upon conditions set forth elsewhere in this EULA or at the exclusive right of PIX.TOURS. This Agreement will automatically terminate if you fail to comply with any of the terms and conditions hereof. 4.3. Effect of Termination. In the event of termination, you must destroy all copies of the Mobile Application, Pix.Tours 001.  


SECTION 5: UPGRADES & ADDITIONAL SOFTWARE 5.1. Upgrades. To use a Mobile Application identified as an upgrade, you must first be licensed for the original Mobile Application identified by PIX.TOURS, as eligible for the upgrade. After upgrading, you may no longer use the original Mobile Application that formed the basis for your upgrade eligibility. 5.2. Additional Software. This EULA applies to updates or supplements to the original Mobile Application provided by PIX.TOURS unless PIX.TOURS provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail. 


SECTION 6: PROPRIETARY RIGHTS & INTELLECTUAL PROPERTY All intellectual property rights in the Mobile Application and user documentation are owned by PIX.TOURS are protected by law, including but not limited to Patent Pending to Full Patent rights by the USPTO, U.S. copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the Mobile Application are the valuable trade secrets and confidential information of PIX.TOURS and its suppliers. You shall not remove any product identification, copyright notices, trademark seals, or proprietary restrictions from the Mobile Application. 


SECTION 7: DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY 7.1. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIX.TOURS PROVIDES THE MOBILE APPLICATION, PIX.TOURS 001 "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON­INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE MOBILE APPLICATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PIX.TOURS SHALL CREATE A WARRANTY. 7.2. NO WARRANTIES AS TO THIRD-PARTY COMPONENTS. IN NO EVENT DOES PIX.TOURS PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH PIX.TOURS 001 IS DESIGNED TO BE USED, AND PIX.TOURS DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF. 7.3. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIX.TOURS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL,INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE MOBILE APPLICATION, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF PIX.TOURS OR ANY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 7.4. NO SUPPORT. PIX.TOURS HAS NO OBLIGATION TO SUPPORT OR TO PROVIDE ANY UPDATES OF THE MOBILE APPLICATION. Mobile applications are inherently subject to bugs and potential incompatibility with other applications, software and hardware. You should not use the Mobile Application for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in it’s totality. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply specifically to you. 


SECTION 8: FEEDBACK 8.1. Feedback. Notwithstanding any Non-Disclosure Agreement executed by and between the parties, the parties agree that in the event you or PIX.TOURS provides Feedback (as defined below) to the other party on how to design, implement, or improve the Mobile Application or your product(s) for use with the Mobile Application, the following terms and conditions apply the Feedback: 8.2. Exchange of Feedback. Both parties agree that neither party has an obligation to give the other party any suggestions, comments or other feedback, whether verbally or in written or source code form, relating to (i) the Mobile Application; (ii) your products; (iii) your use of the Mobile Application; or (iv) optimization/interoperability of you product with the Mobile Application (collectively defined as "Feedback"). In the event either party provides Feedback to the other party, the party receiving the Feedback may use any Feedback that the other party voluntarily provides to improve the (i) Mobile Application or other related PIX.TOURS technologies, respectively for the benefit of PIX.TOURS; or (ii) your product or other related technologies, respectively for the benefit of you. Accordingly, if either party provides Feedback to the other party, both parties agree that the other party and its respective licensees may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the (i) Mobile Application or other related technologies; or (ii) you products or other related technologies, respectively, without the payment of any royalties or fees. 8.3. Residual Rights. You agree that PIX.TOURS shall be free to use any general knowledge, skills and experience, (including, but not limited to, ideas, concepts, know-how, or techniques) ("Residuals"), contained in the (i) Feedback provided by you to PIX.TOURS; (ii) your products shared or disclosed to PIX.TOURS in connection with the Feedback; or (c) your confidential information voluntarily provided to PIX.TOURS in connection with the Feedback, which are retained in the memories of PIX.TOURS employees, agents, or contractors who have had access to such Residuals. Subject to the terms and conditions of this Agreement, PIX.TOURS employees, agents, or contractors shall not be prevented from using Residuals as part of such employee's, agent's or contractor's general knowledge, skills, experience, talent, and/or expertise. PIX.TOURS shall not have any obligation to limit or restrict the assignment of such employees, agents or contractors or to pay royalties for any work resulting from the use of Residuals. 8.4. DISCLAIMER OF WARRANTY. FEEDBACK FROM EITHER PARTY IS PROVIDED FOR THE OTHER PARTY'S USE "AS IS" AND BOTH PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BOTH PARTIES DO NOT REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER PARTY'S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. 8.5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FEEDBACK, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 


SECTION 9: MISCELLANEOUS AND GENERAL PROVISIONS 9.1. Consent to Use of Data. You agree that PIX.TOURS and its affiliates or intermediaries may collect and use technical information you provide, such as your operating system version, in relation to support services related to the Mobile Application. PIX.TOURS and its intermediaries agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services (such as through ads). 9.2. No Implied Licenses. Under no circumstances should anything in this Agreement be construed as PIX.TOURS granting by implication, estoppel or otherwise, (i) a license to any PIX.TOURS product or technology other than the Mobile Application; or (ii) any additional license rights for the Mobile Application other than the licenses expressly granted in this Agreement. 9.3. Applicable Law. This EULA is governed by the laws of the State of California, exclusive of conflict of law provisions and you consent to the jurisdiction of the courts of the County Alameda, State of California, with respect to any proceedings arising from this EULA. PIX.TOURS shall be entitled to collect all attorneys’ fees and costs as well as statutory interest for the enforcement of this Agreement. 9.4. Recovery of Fees and Costs. PIX.TOURS shall be entitled to collect all attorneys’ fees and costs as well as statutory interest for the enforcement of this Agreement as well as any and all damages suffered by PIX.TOURS. 9.7. Entire Agreement. This EULA (including any addendum or amendment to this EULA which is included with Pix.Tours001) is the entire agreement between you and PIX.TOURS relating to the Mobile Application, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Mobile Application or any other subject matter covered by this EULA. To the extent the terms of any PIX.TOURS policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. In the event of a conflict between the English and any non­English versions of this EULA, the English version shall govern. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the EULA will remain in force and effect.