TERMS OF SERVICE
1. Representation
This service is provided by Nexeon Technnologies, Inc., an Information Technologies Company ("Nexeon") in partnership with Duplex Systems ("DPS").
Face of Mankind is a massively multiplayer online game ("FoM" or the "Game"). FoM is offered by DPS and Nexeon. FoM is a massively multiplayer role playing game that allows the participation of thousands of players around the world, interacting in the same game environment. You may play FoM using Duplex Systems' proprietary software (the "Client") that allows you to log into Nexeon’s computer system (the "System") online and interact within the game environment created by DPS.
To play Face of Mankind you must: (i) establish online a valid account (an "Account"), which can either be a free account or a premium account that requires paying subscription fees on a timely basis; (ii) obtain and maintain your own Internet access (Internet access is required to play Face of Mankind; DPS and/or Nexeon are not responsible for your access to the Internet); and (iii) comply with the End User License Agreement ("EULA") that is presented to you when using the Client. Note that you are fully responsible for reviewing the EULA as it can be updated at any time by Nexeon and/or DPS. The user must comply with the EULA before accessing the Client, the System, and the Account, and before subscribing to any fees related to the Game.
2. Service Fee
You are required to pay a subscription fee to maintain your premium Account and access the System and play Face of Mankind with premium features (the "Service"). You are informed of the subscription fee and payment terms during the registration process. The current subscription fee and payment terms may be viewed at www.fomportal.com. DPS and Nexeon may amend the subscription fee and payment terms at any time.
You are responsible for reviewing Nexeon’s subscription website (the "Web Site") for changes in the subscription fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate and close your Account as described in the termination section below. You are responsible for paying all applicable taxes (excluding those Nexeon is required to collect) and for all hardware, software, Internet service and other costs you incur to access the System.
The fee for the premium Account service will be billed monthly by usage of User’s credit card on file (PayPal Pro), by direct debit of User’s bank account or any other method provided by MoneyBookers, by PayPal payment, or will be billed on User’s phone bill. If Nexeon is unable to process your payment at any time, your Account may be immediately suspended or terminated at Nexeon’s discretion.
3. Charges for Service.
(a) General Charges. Current fees for using the Service are published in the billing section of the Web Site. All fees are stated in U.S. Dollars. Nexeon may change its fees and billing methods at any time effective thirty (30) days after notice of the changes are posted on the Web Site. All changes will be posted on the Web Site and you are responsible for reviewing the billing section of the Web Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Account as provided in Section 9. Your continued use of the Service thirty (30) days after posting of the changes on the Web Site will mean you accept such change. YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. For further information on billing see the Web Site. If your use of the Service is subject to use or sales tax then Nexeon may also charge you for any such taxes, which will be in addition to the rates and charges published in the billing section of the Web Site. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
(b) Payment Periods. Your subscription will automatically renew for the same period you have selected from the payment periods published on the Web Site if not terminated.
(c) Payment by Credit Card (PayPal Pro). If you pay for the Game by credit card, you must indicate to Nexeon that you are the authorized user of the credit card used to pay service charges. Each time you use the Game, you agree and reaffirm that Nexeon is authorized to charge your credit card. You agree to promptly notify Nexeon of any changes to your credit card account number, its expiration date, and you agree to promptly notify Nexeon if your credit card expires or is cancelled for any reason.
(d) Payment by PayPal. You will be placed under a subscription payment through PayPal which operates under our Billing System. This subscription will remain unless otherwise canceled by User. We are not responsible for any misuse of your PayPal account and all charges are final. User may also choose to manually pay by PayPal each billing period; however, User must continue to pay each billing period or his/her Account may be suspended or terminated.
(e) Payment by MoneyBookers. Nexeon authorizes MoneyBookers to handle some transactions, including, but not limited to, credit card and direct debit of User's bank account. All conditions required by MoneyBookers will need to be followed in which you can read at http://www.moneybookers.com/app/help.pl?s=mterms
4. Internet Content Liability
Nexeon, its respective agents’, resellers’ and employees’ liability in the performance of their responsibilities under this agreement arising out of any claim of error or omission, or failure to provide any item and or information shall at most be limited to the changes paid for the Service offered. Nexeon disclaims responsibility for any and all material appearing by way of the Internet as Nexeon does not monitor its content.
5. Infringement
Nexeon shall be indemnified and held harmless by User with respect to any claims of infringement or similar claims in connection with any content and or material accessible through the Service provided by Nexeon.
6. Service Provided
User acknowledges that the Service is provided “As Is” and that no representations have been made regarding the results to be achieved through the use of the Internet.
7. Disputes
This agreement shall be governed by and interpreted in accordance with the laws of the state of Texas. Any dispute must be settled by arbitration.
8. Agreement
This agreement shall not without the express written prior consent of the Nexeon, be transferred or assigned. Termination or suspension of User’s telephone service, modification of address, location or moving, failure to provide and utilize proper hardware, software, settings, username and password, shall not warrant an adjustment to charges.
9. Cancellation Policy
Nexeon makes cancellations easy: simply login to the billing control panel, go to "My Products & Services", select the product, and click on "Request Cancellation". Please note that if you have any open invoices, the invoices must be more than seven (7) days from being due to be cancelled. If you cancel in the seven day period from when your invoice is due, the invoice will not be cancelled and you will be held responsible for paying it.
10. Termination
Either you or Nexeon may terminate your Account at any time without further obligation to the other. Further, Nexeon reserves the right to terminate the Game at any time without further obligation to you. IF THE GAME OR YOUR ACCOUNT IS TERMINATED OR CANCELLED AT ANY TIME FOR ANY REASON, YOU AGREE TO THE FOLLOWING: (1) YOU WILL NOT BE ENTITLED TO ANY REFUND OR PRORATION OF ANY FEES OR UNUSED ACCESS TIME; (2) YOU WILL LOSE ANY CHARACTERS DEVELOPED OR ITEMS ACCUMULATED AND YOU WILL NOT HAVE THE RIGHT TO TRANSFER, SELL OR ASSIGN ANY CHARACTERS OR ITEMS TO ANYONE ELSE; (3) YOU MAY NOT ACCESS THE GAME IN ANY MANNER OR FOR ANY REASON, INCLUDING VIA ANY OTHER ACCOUNT. IN THE EVENT THAT AN ACCOUNT IS TERMINATED, NEXEON MAY TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE MEMBER NAME, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS, PAYMENT INFORMATION, OR CREDIT CARD NUMBER WITH THE TERMINATED ACCOUNT.
11. No Warranties
The Software, System, Game and all Game Content, and all other services and material provided in connection therewith, are provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with accessing the System and playing the Game.
DPS and Nexeon disclaim all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Game. DPS and Nexeon do not warrant that the operation of the System or your access to the System, or that your use of the Software, will be uninterrupted or error-free, nor that the System or Software will be compatible with your hardware and software.
While DPS and Nexeon attempt to have the System available at most times, DPS and Nexeon do not guarantee that the System will always be available, or that the System will not become unavailable during Game play. The System may become unavailable for a number of reasons, including without limitation during the performance of maintenance to the System, for the implementation of new software, for emergency situations and due to equipment or telecommunications failures. User agrees to receive no compensation for the System, Game, and/or Account being unavailable at any time.
12. Miscellaneous
If any part of this Terms of Service agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in this Terms of Service agreement, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.
Except as otherwise provided herein, you may not assign or transfer the Terms of Service or your rights thereunder, and any attempt to do so is void. The Terms of Service, including the subscription fees and payment terms as referenced therein, may be amended by Nexeon from time to time, sets forth the entire understanding and agreement between Nexeon and you with respect to the subject matter hereof.