Terms of Service

These Terms govern your use of thedeadpixelsociety.com and Fruit Salad. Purchases, downloads, refunds, Steam accounts, and Steam services are also governed by your agreements with Valve.

1. Agreement to These Terms

These Terms of Service ("Terms") are an agreement between you and The Dead Pixel Society, LLC ("The Dead Pixel Society," "we," "us," or "our"), a Kentucky limited liability company. They apply when you access thedeadpixelsociety.com (the "Website") or install, access, or play Fruit Salad (the "Game"). By doing so, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Website or Game.

You must be legally able to enter into this agreement. If you are not old enough to do so where you live, a parent or legal guardian must review and agree to these Terms for you.

2. Steam

The Game is offered through Steam, which is operated by Valve Corporation. Your Steam account, purchase, payment, download, refund request, cloud storage, and use of Steam features are governed by Valve's applicable terms and policies, including the Steam Subscriber Agreement (opens in a new tab). We do not process payments or administer Steam accounts or refunds.

If these Terms conflict with Valve's terms concerning Steam or its services, Valve's terms control for those matters.

3. License to Use the Game

Subject to these Terms and your valid Steam license, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to install and use the Game for personal, non-commercial entertainment. The Game is licensed, not sold. We and our licensors retain all ownership rights in the Game, including its code, artwork, audio, design, trademarks, and other content.

4. Acceptable Use

You may not:

• use the Website or Game unlawfully or to harm another person;
• attempt to disrupt, damage, overload, or gain unauthorized access to the Website, the Game, or related systems;
• remove or alter copyright, trademark, or other ownership notices;
• sell, sublicense, distribute, or commercially exploit the Game except as applicable law expressly permits; or
• reverse engineer or modify the Game except to the extent that applicable law expressly permits despite this restriction.

5. Website Content and Third-Party Links

The Website provides information about us, our Game, and our projects. It may link to Steam and other third-party websites. We do not control those services and are not responsible for their content, availability, security, or privacy practices. A link does not imply that we endorse everything available through the linked service.

6. Updates and Availability

We may update, change, suspend, or discontinue any part of the Website or Game. We do not promise that either will always be available, compatible with every device, or free from errors. Where applicable, Steam may deliver Game updates under its own terms.

7. Disclaimer of Warranties

To the fullest extent permitted by law, the Website and Game are provided "as is" and "as available," without warranties of any kind, express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation, preservation of save data, or compatibility with every system.

Some jurisdictions do not allow certain warranty exclusions. In that case, these exclusions apply only to the extent permitted by law, and you retain any mandatory consumer rights available to you.

8. Limitation of Liability

To the fullest extent permitted by law, The Dead Pixel Society and its members, employees, contractors, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, profits, revenue, goodwill, or use arising from the Website or Game.

To the fullest extent permitted by law, our total liability for all claims relating to the Website or Game will not exceed the greater of the amount you paid for the Game or US $10. These limitations do not apply where liability cannot lawfully be limited or excluded.

9. Governing Law

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law rules. Any dispute not subject to a mandatory process under applicable law must be brought in a state or federal court located in Kentucky, and you and The Dead Pixel Society consent to those courts' jurisdiction. If consumer-protection law in your place of residence gives you rights or access to courts that cannot be waived, this section does not override them.

10. Changes to These Terms

We may update these Terms when the Website, Game, or applicable requirements change. We will post the revised Terms here and update the effective date. Changes apply prospectively. Your continued use after updated Terms take effect constitutes acceptance where permitted by law.

11. General Terms

If any part of these Terms is held unenforceable, the remaining terms remain in effect. Our failure to enforce a term is not a waiver. You may not transfer these Terms without our consent. We may transfer them as part of a merger, reorganization, sale, or transfer of the Game or our business. These Terms, together with the Privacy Policy and any applicable Steam terms, are the entire agreement between you and us concerning the Website and Game.

12. Contact Us

Questions about these Terms may be sent to contact@thedeadpixelsociety.com.