Scope of Application
2axion LLC (hereinafter referred to as 2axion) operates an online gaming portal at 2axion.com. A range of online games as well as other services are offered on the 2axion website. These services include, for example, the possibility of creating a profile page, participating in social media, uploading media such as photographs, texts and games and purchasing virtual items or other services. The players of 2axion‘s games and services and the users of the online gaming portal 2axion.com are hereinafter referred to as "Users". In the following general terms and conditions (hereinafter referred to as Terms & Conditions), references made to "Games" or "Services” will pertain to the games and/or services offered by 2axion. The Games and Services can be accessed primarily through a personal system connected to the Internet by telephone, ISDN, broadband or equivalent connection. In addition, it is possible to use various other Internet-capable devices, whereby the scope of operation and/or display characteristics may be limited.
Users
At the time of registration for 2axion games and/or services, the User explicitly guarantees that (i) he/she is of legal age or (ii) he/she has obtained the express consent of his/her legal guardian.
Subject Matter of the Contract, Usage of and Changes to the Games and Services
2axion offers its Users the possibility of using games and services which are offered by 2axion on the Internet subject to existing technical and commercial capabilities. Participation in the games is only for entertainment purposes.
2axion, as part of its services, stores certain information at 2axion.com and offers its Users the possibility of uploading information to the Internet and creating personal profiles, etc. which can be viewed by other users of 2axion Games and services as well as by third parties.
The use of 2axion Games and Services is expressly limited to individuals who previously created a customer account (hereinafter referred to as Account) at the time of registration. An Account can be created at the 2axion.com portal or at the URL of the respective game(s).
Registration, i.e. an application to open an Account, can be accomplished by filling out a form and providing the information requested therein. The use of 2axion games and/or services will be permitted from the time an account is created for the user by 2axion.
The games and services can only be accessed by means of a standard web browser or special tools which have been provided or expressly approved by 2axion (an on of non-authorized scripts). In other words: The use of programs which cause excessive server load are strictly forbidden. The application of software to systematically or automatically control games or individual game functions such as bots, macros, etc. or to reproduce or evaluate games, game components or content provided on the 2axion.com platform is prohibited.
The User has no legal claim to open an Account or to publish information on the 2axion.com portal.
Current technical and other requirements for the Games and Services are available on the 2axion.com portal and/or the respective websites of the Games.
2axion Games and Services are continuously being updated, adapted, enhanced and modified. For this reason, the User is only granted the right to use the current version of the respective Games and Services.
Use of the basic version of the Games is free. Some features are only available to paying customers. Use of the Services is free unless otherwise stipulated in the description of the respective Services.
The User has no legal claim to demand the perpetuation of 2axion Games and/or Services as they were at the time of concluding the contract. 2axion reserves the right to cease operation of individual 2axion Games and/or Services at any time without prior notice or justification. In this case, the User can choose to have 2axion issue him/her a credit for use with other 2axion Games or Services of his/her choice or request a refund for payments within the last 7 days and not previously used by the user.
Offer and Conclusion of Contract
By filling in the registration form for the Account, the User enters into a binding contract (hereinafter referred to as "User Application”) to use the Games and Services of 2axion. For this purpose, all fields of the registration form marked as being "required” must be completely and correctly filled in.
2axion will promptly send a confirmation email acknowledging receipt of the User application to the e-mail address provided by the User at the time of registration. This acknowledgment of receipt does not represent a binding approval of the User Application. The acceptance of the User application and the confirmation to access 2axion Games and Services can, however, be sent together with the acknowledgment email.
Right of Withdrawal
The User can terminate his/her account. If a cancellation is sent by email, include the game name and username.
Availability
2axion guarantees that its Games and Services will be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which 2axion.com portal servers, individual Games and/or Services are not available on the Internet due to technical or other problems which are outside the control of 2axion, such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out. 2axion can restrict access to its Games and Services if required for network security and preservation of network integrity, especially with regard to the prevention of severe breakdowns or interruptions of the network, software or stored data.
Access to these Terms & Conditions, Changes and Further Notifications, Contact by the User
The User accepts the presentTerms & Conditions as binding by submitting his/her User Application and using 2axion Games and/or Services. These Terms & Conditions apply for each login to the 2axion.com portal, especially when any of the 2axion Games and/or Services are used. The Terms & Conditions can be printed out or saved onto digital media before sending the User Application.
2axion reserves the right to change or amend these Terms & Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith.
Instructions and Rules of the Games
Instructions and rules of the Games and/or Services will be published on the 2axion.com portal or on the websites of the respective Games and/or Services.
The User will also refrain from undertaking any other activity which could interfere with the normal operation of 2axion Games and/or Services or disrupt the successful interaction between Users in the Games.
Fees, Payment Conditions, Late Payment
2axion provides Users access to the Games in principle as of the creation of a User Account. In this case, the User will initially only be provided with a basic version of the Game. The creation of an Account and the use of the basic version are free of charge. The basic version of the Game can be used indefinitely and without restrictions in Game function, without prejudice to 2axion‘s right to withdraw the Game. In the basic version, the User does not have full access to all Game features.
Premium features
The User has the option of receiving features which are not available in the basic version (hereinafter referred to as "Premium Features”) in return for payment. The Premium Features offered may vary from one Game to another. Information pertaining to the prices of the Premium Features offered, the functions included with these Premium Features and their requirements for use can be obtained at the app store page of each respective Game. All payments are via Google Play Store or Apple App Store for mobile Apps. Third-party local partners are not responsible for game related matters, only providing payment support for that specific region.
No Guarantee of Prizes
2axion does not guarantee prizes to Users. In particular, the Users do not have the right to claim the payment of prizes, unless such a claim is explicitly outlined in these Terms & Conditions.
A claim to the payment of a prize can only be permitted if 2axion has explicitly offered/advertised such a prize.
Services
Unless otherwise stipulated in the Service description, Services can be used free of charge.
Furthermore, read to fee-based services.
Term, Termination
Indefinite Period of Time
Unless a limited period of time has been expressly specified in the Terms & Conditions. If a limited period of time has not been specified, each party has the right to terminate the contract at any time with immediate effect according to the respective termination procedure.
Limited Period of Time
In the event that the Terms & Conditions for using the Games, Services and/or Premium Features have been accepted for a limited period of time, the following regulations shall apply. The contract for using the Games, Services and/or Premium Features will be automatically renewed for the same period of time as the original contract unless the subscription or contract for the use of Games, Services and/or Premium Features has been terminated by the user at least 14 days prior to the end of the term.
Declaration of Reasons; Termination for Important Reason
The right to terminate the contractual agreement can be exercised by either party without stating reasons.
The parties may also terminate the contractual agreement for using the Games, Services and/or Premium Features for important reasons at any time without prejudice to the above regulations.
In the event that 2axion is responsible for a premature termination of the contractual agreement for using the Games, Services and/or Premium Features for important reasons, the User will receive a pro-rata refund for any payments made by him/her (especially for Premium Features) which apply to the period after of 7 days and credits have not being previously used in-game. All other claims of the User are considered invalid unless otherwise specified in the present Terms & Conditions.
2axion has the right to terminate the contractual agreement especially for, but not limited to, the following reasons:
Written Form for Termination
If there is no option for terminating the contract in the respective Games, the termination must be submitted in written form, whereas e-mail is considered to be in compliance with the requirement of written form. A termination for important reasons can only be declared in written form and must include the reason(s) for the cancellation.
Responsibilities and Other Obligations of the User; Liability for Information Uploaded by the User; Copyright Responsibilities
The primary responsibility of the User is to pay the accrued fees, unless he/she uses the basic version of the Games and/or Services. Another principal responsibility of the user is correctly and completely to submit all information requested by 2axion upon entering into the contractual agreement or during the course of the contractual relation with the User. Therefore, the User declares that all information relating to his/her person or other facts relevant to the contract (especially bank or credit card details) and which he/she provides on the User application or during the course of the contractual agreement are complete and correct to the best of his/her knowledge. The User obligates himself/herself to inform 2axion about any changes to this information without delay. Upon request from 2axion, the User must confirm the information. The User is obliged to follow the game rules. In the case of repeated violation of the rules despite warnings to this effect, or in the case of a severe breach of the rules, 2axion reserves the right to suspend all services immediately and without warning, and to terminate the contract.
Installation of Software
2axion is not liable for damages or loss of data on the User’s computer which may be caused by the installation of software which does not originate from 2axion.
Further Obligations of the User
2axion provides the available Games and Services online for use with a device. 2axion neither provides nor installs any of the software required by the user on his/her local computer, especially but not limited to the operating system, web browser(s) or plug-ins such as Flash or Java, if applicable. 2axion also does not provide any support services for such software installations. It is solely the User’s responsibility to maintain the computer in a state which enables the use of 2axion‘s games. Therefore, 2axion does not provide any kind of technical support for the installation of locally-required software.
The User obliges himself/herself to treat all data provided by 2axion for the purpose of accessing the Games and Services (login, passwords etc.) in a strictly confidential manner. The User will inform 2axion without delay if he/she learns or suspects that an unauthorized third party has gained possession of said access data. 2axion advises the User to do this in written form, e.g. via email. In the event that, through the negligence of the User, third parties misuse the access data to gain access to 2axion Games and/or Services, the User will be held liable for any and all fees and charges which are generated. 2axion is entitled to evaluate all entries into an account with the user’s data as the entry of the user himself/herself into the account. For reasons of security, 2axion advises that passwords should be changed on a regular basis. The user is solely responsible for the use of his/her account.
In the event that 2axion has a justifiable reason to believe that an unauthorized third party is wrongly in possession of access data, 2axion may, at its own discretion, change the account access data without prior notice or suspend the respective Account. 2axion will promptly inform the rightful User and will, upon request, communicate the new access data to him or her without undue delay. The User has no right to demand that the original access data be restored.
2axion protects its systems against viruses. Even so, virus infections can never be completely ruled out. Also, it is possible that unauthorized third parties may send emails using the name of 2axion without 2axion‘s consent, and that such emails may contain viruses, spyware or links to web content which, in turn, may contain viruses or spyware. 2axion has no influence over such occurrences. The User agrees to check all incoming mail sent or supposedly sent by or in the name of 2axion for potential viruses. The same applies to mails from other Users of the Games or Services.
The User agrees to abide by the instructions of 2axion, its employees, assignees and vicarious agents, especially including but not limited to administrators and moderators of forums for a specific Game and/or Service.
The User agrees that he/she shall not, under any circumstances, use the Account, login name or password of another User.
User’s Obligations Regarding Information for Upload
The User shall exercise due care in the selection of the information which he/she makes available to other Users by uploading it to the 2axion.com portal.
The User shall not use the Service(s) to distribute content including but not limited to pictures, videos, links, names, words which contain political, religious, insulting, offensive, violent, sexist, pornographic or other objectionable matter, especially including racist, right extremist or left extremist content, persons or depictions. In addition, the User agrees not to use any copyrighted or otherwise legally protected terms, names, pictures, videos, music, games, or other material. In case of doubt, the User shall promptly remove any content challenged by 2axion. 2axion is also entitled to remove such questionable content on its own. The User will always respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws and trademarks.
The User may not misuse the Service(s) for illegal or unauthorized purposes. It is strictly prohibited to use the account names or e-mail addresses of other Users without their express prior consent for the purpose of sending unsolicited e-mails, promotional messages or for any other commercial purposes.
2axion is entitled to delete any content submitted by the User in culpable violation of the above-mentioned rules and regulations.
2axion is especially entitled to delete any information in whole or in part which has been submitted by the User and which gives firm reasons to indicate a breach of these Terms and Conditions, the instructions and rules of the respective Service(s) or are otherwise in violation of applicable law. This, for example, includes but is not limited to:
The User is not entitled to demand that such deleted information be restored. Furthermore, 2axion is also entitled to exclude the offending User from continued use of the respective Service(s) and, in case of repeated infringements of the aforementioned prohibitions despite written notice, to terminate the User’s Account without prior warning. 2axion reserves the right to make any further necessary and additional claims, particularly the entitlement to damages.
The User will inform 2axion in case he/she becomes aware of an abuse of the Service(s) by other Users or third parties, such as making accessible or sending information which violates this Sect.
To ensure that effective measures can be taken, 2axion requests that such information be provided in writing.
User’s Liability Regarding Uploaded Information
The User is solely responsible for any texts, files, pictures, photographs, videos, sounds, music, copyrighted or other material, information etc. (hereinafter "Uploaded Information”) which he/she uploads to the 2axion.com portal or shares with other users. 2axion neither condones nor approves such information.
2axion does not have control over the Uploaded Information on the 2axion.com portal. 2axion does not evaluate the Uploaded Information before it is made public. If 2axion learns that specific Uploaded Information is illegal, it will be deleted promptly.
2axion disclaims any liability or warranty with respect to the Uploaded Information, especially regarding accuracy, completeness and reliability.
Copyright
The User maintains all rights to the Uploaded Information. By submitting information to the 2axion.com portal, the Games or Service(s), the User grants 2axion a non-exclusive, revocable license, free of charge, to publicly offer, display, reproduce and distribute such information.
The User does not grant 2axion any further rights to the Uploaded Information. 2axion is not authorized to use or distribute Uploaded Information outside of the 2axion.com portal, Games or Service(s).
By submitting information, the User acknowledges and accepts that Uploaded Information on the 2axion.com portal can be accessed globally through the Internet. With the uploading of such information, the User agrees to these conditions.
The aforementioned license ends at that time when the Uploaded Content has been deleted from the 2axion.com portal and the Services by the User.
2axion Property
All title, ownership and intellectual property rights in and to the interactive games produced by 2axion interactive product lines are 2axion property. This may include any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation, all of which are owned or licensed by 2axion, and are protected by the copyright laws of California international treaties and conventions, and other applicable laws ("2axion Property”).
Users grant to 2axion a non-exclusive, worldwide, royalty free, perpetual license to exploit, commercially or otherwise, the drawing/illustration based upon 2axion Property that users create in-game for its business purposes in all media, in whole or in part, distorted in character or form, including but not limited to, the right to use the Licensed Materials on its websites, as well as for its internal, trade, and advertising purposes. The user declares that any uploaded content does not constitute a violation of an intellectual property rights or an unfair or abusive competition.
Claims Based on Defects
2axion grants the User access to the Games and Services in their current version only. The User has no right to demand the maintenance or restoring of a particular version or range of functions of the Games and/or Services. The User acknowledges and agrees that the Games and Services provided by 2axion, as with any other software, can never be completely free of errors. Therefore, the Games and Services can only be considered to be defective if their playability or usability is affected severely and over a sustained period of time.
The User shall document any faults in the Games and/or Services and/or other deliveries of 2axion, and to document them fully in writing along with a protocol of the error messages displayed. Before reporting a potential bug, the User shall consult the instructions for the Game and/or Service and any other troubleshooting tools provided by 2axion (especially frequently asked question lists and boards for troubleshooting). The User will use best efforts to support 2axion in any attempts to debug the Game or Service in question.
The User will notify 2axion in written form of any faults and without delay upon their discovery. Obvious faults in goods – including virtual goods – must be reported to 2axion in writing within two weeks upon receipt of these goods. To comply with this deadline, it is sufficient that the report is sent within the allotted time. If no notice has been given within this deadline, all claims based on such defects shall be without recourse. To prove that the deadline has been met, it is advised to submit such reports in writing (telefax, letter or email) to 2axion.
2axion is not liable for defects caused by external influences, faulty handling by the User, force majeure or changes or manipulations which are not performed by 2axion. 2axion does not assume any guarantees or warranties in Games that are published-only, the game system responsibility is for chinese game developers, Ugame or Nidong. 2axion has no access to their source code or softwares.
Limitation of Liability
2axion is not in any way responsible for damages. 2axion remains responsible for product liability. The aforementioned limitation of liability also applies to the personal liability of staff, employees, assistants and vicarious agents of 2axion, and especially contributors, representatives, organs, shareholders of 2axion and their members. 2axion is only liability for consultancy as far as the content of its Games and Services are concerned.
2axion distances itself explicitly from the contents of any websites to which there are direct or indirect links from 2axion‘s sites. 2axion does not assume any responsibility for these contents and/or websites. The providers of the respective sites are responsible for their content.
Data Privacy
Personal User data will be collected, processed and used by 2axion without further explicit consent only for purposes of completing a contract (including billing), as long as 2axion is not required by law to disclose such data. The collection, usage and processing of data are all carried out electronically. For further information, please visit https://www.2axion.com/privacy/
Final Clauses
Any and all changes, amendments or the termination of the contract, either partly or entirely, must be made in writing to be considered valid, including any provision to suspend or amend the requirement for using the written form.
The legal place of jurisdiction is California, in the event that the user changes his/her legal domicile or habitual place of residence to a location outside California after the contract has been concluded. These conditions also apply if the legal domicile or habitual place of residence is unknown at the time a legal action is filed.
The law of the California and the USA exclusively applies to all contracts concluded by 2axion based on these Terms & Conditions and to any further kind of claims arising thereof; to the exclusion of provisions pertaining to the UN Convention on contracts for the international sale of goods.
If any provisions of these Terms & Conditions are invalid or become invalid, the validity of the other provisions shall not be affected.
August 29, 2019
2axion Games LLC
11428 E Artesia Blvd, Suite 22, Artesia, CA 90701