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Last Updated: 3-17-2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE VIDEO GAME ("GAME"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT CONTINUE TO USE OR ACCESS THE GAME.
1.1. These Terms of Service ("Terms") govern your access and use of the Game developed and published by FYX Gaming, Inc. ("Company", "we", "us", or "our") and any related services (collectively, the "Services").
1.2. By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and any other applicable rules or policies that we may implement from time to time.
2.1. To use the Services, you must be at least 18 years old. If you are under the required age, you may only use the Services under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms.
3.1. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Game for your personal, non-commercial use.
3.2. You agree not to:
a. Copy, reproduce, distribute, sell, lease, or otherwise exploit the Game, except as expressly permitted by the Company.
b. Modify, adapt, reverse engineer, or create derivative works based on the Game.
c. Use the Game for any illegal activities or purposes.
d. Disrupt, interfere with, or compromise the integrity or security of the Game or any of its related systems or networks.
4.1. The Game may include virtual items or currency ("Virtual Goods") that can be earned, purchased, or used within the Game. Virtual Goods are non-transferable, have no real-world value, and can only be used within the Game.
4.2. You acknowledge and agree that Virtual Goods are not your property, and the Company has the absolute right to manage, regulate, control, and delete Virtual Goods at its sole discretion.
5.1. You are responsible for your actions and behavior while using the Services. You agree not to engage in any harassing, disruptive, or offensive conduct, including, but not limited to, hate speech, harassment, impersonation, or cheating.
6.1. The Company reserves the right to terminate your access to the Services at any time, with or without cause or notice, for any reason, including, but not limited to, violation of these Terms.
7.1. The Company may update or modify the Game or these Terms at any time. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
8.1. The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. The Company disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2. In no event shall the Company, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of or inability to use the Services.
9.1. Description of In-Game Items, Virtual Currency, and NFTs
a. The Game may include various types of in-game items, such as skins, weapons, or consumables, that can be acquired, used, or traded within the Game.
b. The Game may also feature in-game keys, which can be used to unlock special content or features.
c. Inconvertible Virtual Currency (VC) is a form of virtual currency that cannot be converted into real-world currency and can only be used within the Game to purchase in-game items, services, or other virtual goods.
d. Non-Fungible Tokens (NFTs) are unique digital assets that represent ownership or access rights to specific in-game items or content.
9.2. Purchasing and Activating In-Game Items, Keys, and Inconvertible VC
a. Users may purchase in-game items, keys, and inconvertible VC through the Game's virtual store, using real-world currency or other accepted payment methods.
b. After purchasing in-game items, keys, or inconvertible VC, users can activate or use these items within the Game according to their respective functionalities.
9.3. Obtaining NFTs from In-Game Items, Keys, or Inconvertible VC
a. Upon successful activation of certain in-game items, keys, or inconvertible VC, users may receive an associated NFT, which represents their ownership or access rights to the specific in-game asset only via the FYX Gateway at their own discretion.
b. The process of obtaining NFTs will be subject to the specific rules, restrictions, and conditions set forth by the Company and within the Game.
c. Users are responsible for securing and maintaining their NFTs, including any required storage or management through third-party platforms or wallets.
10.1. NFTs obtained through the FYX Gateway can be used within the Game only by destroying the NFT and creating the virtual item for use in-game.
10.2. Users may be able to trade, sell, or transfer NFTs on third-party platforms, subject to these Terms and any applicable platform rules, regulations, or policies.
10.3. The Company reserves the right to impose restrictions, limitations, or conditions on the use, trade, or transfer of NFTs at its sole discretion, including, but not limited to, implementing measures to prevent fraud, abuse, or violations of these Terms.
11.1. Xsolla is a global distributor of in-game items, keys, and inconvertible virtual currency (VC) for the Game. Xsolla's role is limited to distributing these virtual goods and does not extend to the distribution or management of non-fungible tokens (NFTs).
11.2. By using the Services, you acknowledge and agree that your purchase and use of in-game items, keys, and inconvertible VC may be facilitated by Xsolla, subject to these Terms and any additional terms, conditions, or policies set forth by Xsolla.
12.1. Users are not entitled to request a refund for any in-game items, keys, or non-fungible tokens (NFTs) that have been activated or used within the Game. By activating or using these virtual goods, users acknowledge and agree that the transaction is final and non-refundable.
12.2. If you encounter any issues or problems with your purchased in-game items, keys, or NFTs, please contact our customer support for assistance. However, the Company reserves the right to determine, in its sole discretion, whether to provide a refund, replacement, or other compensation for any such issues or problems.
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