Hexcell Games Terms of Service
By using the HexcellGames.com web site (“Service”), or any services of Hexcell Games (“Hexcell”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Hexcell reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://hexcellgames.com/?tab=footer&stab=terms
Violation of any of the terms below will result in the termination of your Account. While Hexcell prohibits such conduct and content on the Service, you understand and agree that Hexcell cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- One person may not maintain more than one account.
- You must provide a valid email address and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Hexcell cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment and Refunds Terms
- Some features of the Service must be paid for.
- Payments to the Service are non-refundable. There will be no refunds for unused credit with an account. In order to treat everyone equally, no exceptions will be made.
- Any “in-game” currency of the Service is not redeemable in anyway.
- All payments are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Australian taxes.
Cancellation and Termination
- All of your account information will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- Hexcell, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Hexcell service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Hexcell reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Hexcell reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Hexcell Site (hexcellgames.com).
- Hexcell shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Service, you agree to allow others to view and share your Content.
- Hexcell does not pre-screen Content, but Hexcell and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- You understand that Hexcell uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Hexcell, or any other Hexcell service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Hexcell.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Hexcell customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not post or transmit unsolicited email or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Hexcell) of other HexcellGames.com users, we reserve the right to immediately disable your account or throttle your use of the Service.
- Hexcell does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, and (iii) any errors in the Service will be corrected.
- You expressly understand and agree that Hexcell shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hexcell has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; (iv) or any other matter relating to the service.
- The failure of Hexcell to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Hexcell and govern your use of the Service, superceding any prior agreements between you and Hexcell (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to walduck at carpe dot com dot au.