These terms cover the Pixel Rewind Player application and this website. By installing or using the app, you agree to them. If you do not agree, please do not use it.
1. What the app is
Pixel Rewind Player is a program that runs games originally written for N-Gage-era devices. It works by emulating the hardware and system those games expected, so that the game's own original program can run on a current device.
The app contains no game. It is supplied with no game content of any kind — no code, artwork, sound or data belonging to any game. It is a player, and it is empty until you give it something to play.
2. Games you supply
To play anything, you point the app at game files that you provide. You are responsible for those files and for having the right to use them.
- You must only import games you are legally entitled to use — a copy you own, or one that is freely and lawfully distributed.
- You must not use the app in a way that infringes anyone's copyright or other rights.
- We do not supply, host, link to or help you find copies of any commercial game, and we cannot assist with obtaining one.
Using the app with a game you have no right to use is a breach of these terms. It is likely also an infringement of someone's copyright, for which you are responsible and we are not. Where anyone does so, we may withdraw their access to any service we operate, including online play.
What you import stays on your own device. We have no visibility of it and no control over it — which makes this a rule we ask you to keep, not one we are able to enforce for you.
3. The legal footing, and its limits
This project is run from the Netherlands, and the way it is built follows from Dutch and EU copyright law on computer programs. We are not lawyers and none of this is legal advice, but it is worth setting out plainly, because it explains both what the app does and what clause 2 asks of you.
A player is its own program. Copyright protects the way a program is written, not what it does: the ideas and principles underlying any element of a program are not themselves protected (Software Directive 2009/24/EC, art. 1(2)). Pixel Rewind is written independently and contains no code, artwork, sound or data from any game.
Interoperability. Article 45m of the Dutch Copyright Act (Auteurswet), implementing art. 6 of that Directive, permits a lawful user to reproduce and translate a program's code where that is indispensable to obtain the information needed to make an independently created program interoperable with it — confined to the parts necessary for that purpose, and not as a route to building a competing copy.
Running and keeping a copy of what you own. Article 45j allows the lawful acquirer of a program to make the reproductions necessary for its intended use, and provides that reproductions made in the course of loading, displaying or correcting errors cannot be prohibited by contract. Article 45k allows a lawful user to make a back-up copy where that is necessary for the intended use, and art. 5(2) of the Directive provides that this right may not be taken away by licence terms.
What those provisions do not do
They are narrower than they are often assumed to be. We would rather say so here than leave anyone relying on a wrong impression:
- There is no general private-copying right for software. Article 45n disapplies the home-copy exception (arts. 16b and 16c) to computer programs entirely. The back-up right above is what exists instead — not a right to copy software freely for personal use.
- A back-up presupposes a lawful copy. The right belongs to someone who already lawfully has the program. Obtaining a copy you have no right to is not a back-up, whatever it is called.
- A game is not only a computer program. The Court of Justice has held that a videogame is complex matter whose graphic and sound elements have their own creative value and cannot be reduced to the code, so it falls at least partly under general copyright rather than the software-specific rules (Nintendo v PC Box, C-355/12). The provisions above therefore do not map neatly onto the whole of a game.
- An unlawful source is never covered. A private copy made from an unlawful source falls outside the exception altogether (ACI Adam, C-435/12).
Taken together, these rules support a person running, and keeping a safe copy of, a game they lawfully have. They do not make it lawful to acquire a copy of a game you do not have. That is why clause 2 places that responsibility on you, and why we supply no games and will not help anyone find one.
4. The sample games
Games offered from this site or bundled as samples are separate works with their own licences and their own authors. Those licences govern what you may do with each game, and nothing in these terms grants you rights beyond them.
Artwork in the sample games is used under its own licence and remains the property of its creators, credited on the home page and within each game.
5. Online play
Some games include online modes. Where the original operator's servers no longer exist, the app connects to a community-built replacement, which we run, or to another server you choose. Online play is a best-effort service: servers may be unavailable at any time, and may be changed, reset or withdrawn without notice. We do not guarantee that any online feature will work or keep working, or that a match in progress will finish.
Price of online play. The app is sold through app stores, and its price is for the app only. It does not include online play for good. Online play is currently free of charge, but that will change: we intend to charge for it, for example by subscription. Before any charge starts we will announce it, with its price and how it works, in the app and on this website, and the date at the top of this page will change. You will never be charged for online play unless you choose to buy it, and any purchase is made through the app store you bought the app from, under that store's own terms, including its rules on refunds and cancellation. Until a charge is announced, online play stays free, and we may still change or withdraw it as described above.
Online rules. Before you first play online, the app shows the online rules: a short summary of this clause, in your language. You can only play online once you have accepted them; if you decline, everything else in the app works as before. When the rules change in a way that matters, the app shows them again before your next online game. The server records which version you accepted and when, as described in the Privacy Policy.
Online names. Sign-up is not open: everyone starts online with a randomly generated name, which you can change to one you choose. Your name must not impersonate anyone, contain your own or anyone else's personal information, or be offensive; we may change a name that breaks these rules. If sign-up with contact details is introduced, additional terms may apply to it and will be published before it is possible.
Inactive accounts. If you go online, never change the randomly generated online name you were given, and do not go online again for 10 days, we will delete your online account. Your fame, rank and statistics are then gone, and if you come back you start again with a new account. The records of matches you played stay, under the name shown in them, as described in the Privacy Policy. An account whose name you have changed is not deleted for being inactive.
Rooms. A room you create can be joined by anyone who has its code. You decide who you share it with.
Chat and conduct. Where a game has chat, players pick from a fixed list of phrases rather than typing. When playing online you must not:
- harass, threaten or abuse other players, or post hateful, sexual or otherwise unlawful content;
- share other people's personal information, or ask players for theirs;
- send spam or advertising;
- attempt to disrupt a server or gain unauthorised access to it, or interfere with other players' connections;
- use cheats or modifications that spoil the game for others.
You can report a player who breaks these rules as described on Report a player: e-mail the address in clause 12 with their online name and roughly when it happened. We may withdraw online access from anyone who breaks these rules. The online protocol these games use dates from 2008 and is not encrypted, so treat anything you send in a match as public.
Diagnostics. The app sends crash and error reports so that faults can be found and fixed, and the game server keeps an operational log. What these contain, and your rights over them, are set out in the Privacy Policy.
6. Acceptable use
You agree not to use the app to break the law, to infringe rights, or to attempt to interfere with the app's or any server's operation. You agree not to present the app as your own work or as an official product of any game's publisher.
7. No affiliation
Pixel Rewind Player is an independent project. It is not affiliated with, authorised by, endorsed by, sponsored by or connected to Nokia or the publisher or developer of any game it is capable of running. N-Gage is a trademark of its owner. All game titles, trademarks, logos and content belong to their respective owners, and are referred to here only to describe what the app is compatible with.
8. No warranty
The app is provided “as is”, without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the app will run any particular game, that it will be free of errors, or that it will be available without interruption.
9. Limitation of liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for any loss of data, arising from your use of or inability to use the app. Nothing in these terms limits liability that cannot lawfully be limited, and if you are a consumer, your statutory rights are unaffected.
You are responsible for keeping your own backups of anything you care about, including game files and saves.
10. Changes
These terms may be updated. The date at the top of the page shows when they last changed. Continuing to use the app after a change means you accept the revised terms. Online play is the exception: when the online rules change, you are asked to accept them again before you play online (clause 5).
11. Governing law
These terms are governed by the law of the Netherlands. The Dutch courts have non-exclusive jurisdiction over any dispute arising from them. If you are a consumer resident elsewhere in the EU, this does not deprive you of the protection of mandatory rules of the law of your own country.
12. Contact
Questions about these terms can be sent to support@jubinganga.com.