Terms & Conditions
TERMS, CONDITIONS AND POLICIES FOR ACCESS AND USE OF INTERACTIVE GAMING SERVICES. PLEASE READ THIS INFORMATION CAREFULLY. IT CONTAINS THE TERMS AND CONDITIONS OF YOUR ACCESS AND USE OF HEXWAR'S INTERACTIVE GAMING SERVICES. ACCESSING AND USING THE HEXWAR SITE AND SERVICES CONSTITUTES ACCEPTANCE OF THESE RULES AND POLICIES.
- 'Access' means the ability to connect to HexWar's server via the Internet and to play the interactive games in the Game Library.
- 'Game Library': refers to the inventory of Internet games which HexWar keeps on its Internet server, for use by paying members to its gaming service.
- 'Customer' means the user who signs up for access to and use of HexWar's Game Library, and anyone he permits to use that link.
II. SERVICES AVAILABLE
- Customers will normally be able to access the Game Library on a 24/7 basis, either to play interactive games with other customers or to access stand-alone versions of games in the Game Library.
III. PRICE AND PAYMENT
- Price: Prices for access are as stated on the Order Form. Unless otherwise agreed to in writing, payments once received are non-refundable. HexWar may, from time to time at its sole discretion, offer refundable trial use of its services as a promotional measure without incurring additional obligations to existing Customers.
- Payment: Payment is monthly in advance or annually in advance. Without advance payment access will not be granted. Payment may be by PayPal on the Order Form.
IV. GENERAL USE POLICIES
- License to Use Existing Software: Customers of HexWar have a limited license to access and use the software for amusement purposes only, during the period of paid membership only. No one may reproduce, copy, or redistribute , whole or in part, any of the HexWar software. No rights of any kind in any of HexWar's software, programs or other property shall accrue to any user or Customer.
- Every Reasonable Effort to Maintain Access: HexWar will make every reasonable effort to provide access to our Customers 24/7. We cannot, however, guarantee perfect access at all times. Such occurrences as power outage , natural disasters, changes in law, strikes, or military action may from time to time prevent access to all or part of the World Wide Web, servers, etc. HexWar will make every reasonable effort to restore access as soon as possible in the event its own services are disrupted. HexWar cannot and will not accept any responsibility for disruption of services at the Customer's location.
- Software and Browser Compatibility: HexWar has made every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the Internet, and every reasonable effort to ensure these programs are free of defects. HexWar will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any Customers.
V. LIABILITY AND REMEDY
- Sole Remedy: The sole and exclusive remedy available to Customer under this Agreement shall be the provision of agreed upon services by HexWar; in the event these prove impossible to supply, refund of charges already paid, if any, for agreed upon services only. Customer agrees that no other remedy (including but not limited to: incidental or consequential damages for lost sales, lost profits, injury to any person or property, punitive damages or any other incidental or consequential loss) shall be available to him.
- No Third Party Liability: HexWar will not be held responsible for any incidental, special, punitive or consequential damages whatsoever to any third party arising from, traceable to or connected with provision of its services under this agreement.
- Warranty: HexWar warrants that it has made every commercially reasonable effort to ensure the programs in its game library are available and usable for Customer play. HexWar disclaims without limit any other warranty of any kind including but not limited to merchantability, fitness for any particular use, or historical accuracy. Depiction of any historical actors or parties, within the context of the games in the Game Library, shall not be interpreted as approval or support for any social, religious or political movement or theory, which those parties held or practiced.