“Account" means any HELIX account created by a User including players, Server operators, and Creators. All accounts are free and it is necessary to create an Account to access certain portions and features of HELIX and the other Services. 

“Base Mesh” includes base avatar shapes, texture files, and avatar apparel and item templates that HELIX makes available to Creators for the purpose of populating Worlds and/or creating Creator Content. 

“Communication Services” means the chat function, any voice chat function, message board, and any other related service that HELIX Users can use to communicate and interact with one another. 

"Company" means Hypersonic Laboratories, Inc. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company

“Company Content” means Company intellectual property including, but not limited to, HELIX, and any preexisting models or base materials therein, along with all content, included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Services, the text, graphics, source code, sound recordings, musical composition, narrative, characters, images, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory. Company Content also includes Base Mesh.  Company Content does not include Creator Content. 

“Company Trademarks” means all trademarks, service marks, trade names, logos, slogans, and other Company brand features including, but not limited to the term “HELIX” whether registered or unregistered, and whether or not it is used or displayed on the Services. Company Trademarks may also include third-party trademarks used under license by Company.

“Creator” any User that develops, uploads, and publishes or otherwise distributes Creator Content onto HELIX. The term “Creator” can also refer to Server operators or those who purchase subscriptions to Servers. 

“Creator Content” means any original content, including any content, materials, or assets including, but not limited to, maps, games, RP servers, avatar accessories, scripts, and 3D assets that Creators develop via the Services or otherwise upload, publish, and/or distribute on HELIX including, but not limited to, Worlds and all elements and materials integrated therein, along with Creator Items. 

“Creator Items” means any Creator developed items that Users can acquire through Worlds and/or purchasing such items on the Helix Shop. 

“Creator Trademarks” means all trademarks, service marks, trade names, logos, slogans, and other brand features including that Creator uses in connection with the distribution, promotion, marketing, and sale of its Creator Content, whether registered or unregistered and whether or not it is used or displayed on the Services. Creator Trademarks may also include third-party trademarks used under license by Creator.

“HELIX” means the HELIX sandbox platform experience as it exists on PC or any server, public or private, along with any mobile, and console apps. 

“HELIX Add-On Vault” means the HELIX store and library where Creators can upload and acquire HELIX Items and art, functional and other assets including textures, features, and other content and virtual items to build and populate their Worlds.

“HELIX Shop” means the HELIX store and library where Users can acquire LIX, HELIX Items or Creator Items including clothing, skins, items, and other materials for their Worlds or avatars. 

“HELIX Items” means those digital items or content created by Company, for use within HELIX and Worlds that Users may purchase from the HELIX Add-On Vault or via the HELIX Shop. Certain HELIX Items may only be used within specific Worlds. 

"Intellectual Property Rights" means any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing and all rights of reproduction, adaptation, display, public performance, distribution, publication, and exploitation. 

"LIX” means the digital currency within HELIX that allows Users to purchase and acquire HELIX Items, Creator Items, or access and interact with Creator Content. 

“LIX Exchange” means the feature that allows Creators to exchange their LIX for U.S. Dollars. 

"Notice" means a delivered writing by email, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.

"Privacy Policy" means the Company policy regarding data privacy, which also governs your use of the Services and is incorporated herein by reference.

“Services” means HELIX, the HELIX Add-On Vault, and the HELIX Shop, along with any other software, service, application, or device that allows Users to access and interact with HELIX, develop Creator Content, including Creator Items and Worlds, interact and communicate with other users, and to purchase otherwise acquire HELIX Items, Creator Items, and Worlds. The Services also include the websites HELIXgame.com, hypersoniclaboratories.com and any sub-domains thereof, along with any other website, software, product, application, content, data, or other services owned, operated, and/or controlled by Company. 

“Terms” means these terms of service and end user license agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.

"User," "you" or "your" means any user of the Services, or any owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.

a. By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of these Terms; or 2) are a minor who has been authorized under the provisions of Section 2(b) below.

b. If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:

i. You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;

ii. You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms;

iii. You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;

iv. In consideration of Company allowing access to the Services by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under these Terms and to indemnify and hold harmless Company with respect thereto.

You are required to create an Account within HELIX to access certain portion of the Services. You must create an Account to, among other things access and interact with HELIX; develop and publish Creator Content including Creator Items, and/or Worlds within HELIX; purchase, acquire, and store HELIX Items and Creator Items;  purchase items or other services within a World; and communicate with other Users. To create an Account, you will be required to create a username and provide us with your email address. You will also be required to generate a unique password to access your Account. Additionally, we may require you to provide your name, date of birth, and information used to verify your identity such as a government ID or similar. 

access to your computer, laptop, console, or mobile device that you use to access the Services and/or where such password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your password or other Account credentials. You hereby acknowledge and agree that any action taken under your Account, including any purchases, will be presumed to have been authorized by you.

a. Account Prohibitions. You may not, under any circumstances sell your Account or access thereto  to any third party and you may also not purchase an Account or access to an Account from any third party. The foregoing does not permit you from assigning rights to LIX payments (or any portion thereof) to any person pursuant to a valid agreement between you and such person. 

b. Account Termination by Company. Company reserves the right to terminate or suspend access to your Account at any time, in Company’s sole discretion 1) in the event Company terminates the Services, as described below; 2) in the event you breach these Terms, the HELIX Content Guidelines, or any other agreement between you and Company; or 3) Company, in our sole discretion, determines that you are a repeat infringer, specifically that, with respect to any Creator Content or other materials that you upload onto the Services and within a certain period of time, you and/or your Account have been the subject of multiple copyright strikes or trademark related complaints that resulted in the content in question being removed from the platform. You acknowledge and agree that in the event Company terminates your Account for the foregoing reasons, such termination may include termination of your access to HELIX and any Worlds, Creator Content, and HELIX Items therein, along with termination of your access to any LIX. 

c. Account Termination by You. You may terminate your Account at any time by following the instructions within HELIX or otherwise contacting company at [email protected] . If you are the parent or guardian of a minor, you may also terminate such minor’s account by emailing us at the address set forth above. We reserve the right to request identity verification prior to taking any action against any Account. Please note that any personal information you provide as a result of such verification process will immediately be deleted following completion or denial of the request. 

d.Termination of Services. We reserve the right to suspend, discontinue, or otherwise terminate the Services, including HELIX, or any portion thereof, at any time and for any reason. To the maximum extent permitted by applicable law, such termination will require no notice and result in no liability to you. 

a. Ownership. The Company Content, including all Intellectual Property rights therein, are owned by Company and licensed to you for your personal use and entertainment purposes only. Except as authorized herein, you may not use, access, copy, modify, or distribute the Company Content, without Company’s express written authorization or unless otherwise permitted by applicable law. Similarly, Company owns all right, title, and interest in and to the Company Trademarks and you may not use or grant others the right to use or otherwise exploit the Company Trademarks except as set forth herein. 

b. License to Company Content. Company hereby grants you a limited, nonexclusive, worldwide, revocable, nontransferable, and non-sublicensable license to use and exploit the Company Content, in whole or in part, solely for your personal enjoyment, entertainment, and use and solely in connection with your use and enjoyment of the Services. If you are a Creator, this includes the right to use the Company Content for the purposes of developing, creating, uploading, publishing, and distributing Creator Content on HELIX. For the avoidance of doubt, except as provided below, Company Content may only be used or exploited within HELIX or as otherwise permitted hereunder. 

i. With respect to any Base Mesh, the foregoing license specifically grants you the right to use, adapt, modify, and customize the Base Mesh solely within the Services and solely as necessary for use within the Services. For the avoidance of doubt, under no circumstances may you adapt, modify, reproduce, publicly perform or display, distribute, publish, or otherwise use or exploit any Base Mesh in connection with any purpose outside of the Services including, without limitation, with the creation, development, production, promotion, sale, or distribution of any merchandise, good, or service, film/television adaptation, literary work, or other derivative.

c. Gameplay Content. The foregoing right and license to Company Content includes the limited, revocable, nonexclusive, right to livestream, broadcast, or distribute and upload VODs of your gameplay or development activities on HELIX (“Gameplay Content”) to livestreaming or VOD platforms, provided that such Gameplay Content is not combined with any third party content or used in such a way so as to imply endorsement of your Gameplay Content by HELIX.  Further, you may not monetize such Gameplay Content, except as permitted on the applicable platform. You acknowledge and agree that any Gameplay Content shall, at all times, comply with the HELIX Content Guidelines and failure to comply with the HELIX Content Guidelines or these Terms may result in  HELIX taking action against such Gameplay Content. 

d. Prohibited Uses of Company Content. Under no circumstances shall you: 

i. Copy reproduce, modify, translate, adapt, distribute, distribute, display, publicly perform, publish, or use the Company Content or any portion or aspect thereof, in any way that is not expressly authorized by these Terms;

ii. Use or exploit the Company Content outside of the Services, for any reason, except in connection with the promotion of your Creator Content on social media and provided that such promotion is solely with respect to the promotion of the Creator Content on HELIX; 

iii. Use, adapt, modify, or otherwise exploit the Company Content in connection with any activities that occur outside of HELIX including, without limitation, use in connection with any goods, merchandise, services, film, television, web-series, literary works, music, images, or other materials; 

iv. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Company Content or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence; or

v. Use the Company Content in connection with any illegal purpose or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy. 

d. License to Company Trademarks. If you are a Creator, Company hereby grants you a limited, revocable, nonexclusive, nontransferable, revocable, worldwide royalty-free right and license to use the Company Trademarks, including “HELIX,” solely in connection with the creation and promotion of Creator Content and solely within the Services or a set forth below. All uses of the Company Trademarks are, at all times, subject to the HELIX Trademark Guidelines. All goodwill arising from the use of the Company Trademarks shall inure to the benefit to Company.  For the avoidance of doubt, under no circumstances may you: i) use the Company Trademarks in the title or name of your Creator Content; ii) use the Company Trademarks in a way that implies association between you and Company or implies endorsement by Company of your Creator Content or other goods or services; iii) use the Company Trademarks outside of the Services or in connection with the sale, promotion, marketing, or distribution of any merchandise, goods, or services, except that you may use the Company Trademarks in connection with the promotion of your Creator Content on social media platforms, provided that such promotion is solely in connection with the promotion of your Creator Content on HELIX; or iv) use the Company Trademarks in a way that is likely to harm Company’s reputation, public standing, or goodwill. 

f. All rights to Company Content and Company Trademarks not granted above are reserved by Company or its licensors. 

a. Ownership. Except to the extent any Company Content including, without limitation, any Base Mesh, or Company Trademarks are integrated therein, Creators will own all right, title, and interest in and to their Creator Content, including all Intellectual Property Rights and retain all copyrights therein.

b. License to Company. By creating, uploading, publishing, generating, or otherwise distributing any Content on HELIX or otherwise via the Services, you hereby grant to Company a perpetual, limited, nonexclusive, irrevocable, worldwide, royalty free right and license to reproduce, create derivative works of, adapt, modify, publicly display, integrate, publicly perform, publish, distribute, host, translate, localize, and otherwise use and exploit your Creator Content, including but not limited to, Worlds and Creator Items, in connection with the operation, management, distribution, publication, support, or maintenance of the Services. The foregoing license is sublicensable to affiliates, contractors, and other third parties, in Company’s sole discretion, as necessary for the operation, maintenance, promotion, management, and support of the Services. You further agree that the foregoing license is granted on a through-to-the-audience basis for the purpose of distributing Creator Content to other Users and making the same available to them for their use and enjoyment.  This means that when a User purchases, interacts with, or otherwise accesses your Creator Content, via the Services, you are granting Company permission to make such Creator Content available.

c. Further, you grant Company the perpetual, irrevocable, worldwide, non-exclusive, royalty free right and license to apply and/or integrate your Creator Content to Base Mesh for the purpose of making Creator Content available in the Services, on a through-to-the audience basis and you acknowledge and agree that, with the exception of any Creator Trademarks, such license shall persist in perpetuity after you discontinue your use of the Services. 

d. You further acknowledge and agree that Company may distribute your Creator Content via any media in connection with the promotion or marketing of Company or the Services including, without limitation, as part of showcases of Creator Worlds. You acknowledge and agree that your Creator Content may be combined with other Creator Content for this purpose. 

e. Compensation. You acknowledge and agree that you are not entitled to any money, royalties, or revenue, LIX, or other financial consideration with respect to the foregoing license to your Creator Content and that such license is granted solely in exchange for the right to use the Services to create, upload, distribute, and otherwise exploit your Creator Content. Company makes no representation, warranties, or guarantees with respect to any amount of money, LIX, or revenue that you will earn from the exploitation of your Creator Content. 

f. Removal of Creator Content by You. You may freely remove your Creator Content from HELIX and/or the other Services at any time, provided that you acknowledge and agree that Company may continue to make any Creator Content, including but not limited to any HELIX Items, available to Users that purchased or accessed the same prior to its removal and, in that regard, Company’s license to your Creator Content shall persist and Company and its Users will continue to be able to access and interact with your Creator Content in perpetuity. This Section shall apply even if you request to delete your Creator Content or your personal information in connection with a request made under the European General Data Protection Regulation, the California Consumer Privacy Act, or any law of similar effect in any jurisdiction. 

g. Creator Trademarks. You hereby grant us the nonexclusive, limited and sublicensable right and license to reproduce, adapt, and display your Creator Trademarks in connection with the promotion and marketing of the Services in any media, including, without limitation via social media, blogs, newsletters, and in connection with distributing the Creator Content to Users. We will not make any material changes to your Creator Trademarks, nor will we use your Creator Trademarks in connection with the promotion or marketing of any third party goods or services without your authorization, except that you acknowledge and agrees that your Creator Trademarks may appear alongside other Users’ Creator Trademarks in connection with the promotion of the Services.  

g. Creator Trademarks. You hereby grant us the nonexclusive, limited and sublicensable right and license to reproduce, adapt, and display your Creator Trademarks in connection with the promotion and marketing of the Services in any media, including, without limitation via social media, blogs, newsletters, and in connection with distributing the Creator Content to Users. We will not make any material changes to your Creator Trademarks, nor will we use your Creator Trademarks in connection with the promotion or marketing of any third party goods or services without your authorization, except that you acknowledge and agrees that your Creator Trademarks may appear alongside other Users’ Creator Trademarks in connection with the promotion of the Services.  

h. Representations, Warranties, and Indemnity.

i. You represent and warrant that you own all Creator Content/Creator Trademarks and it is your original work or you otherwise have all rights and permissions necessary to grant the license to Company as set forth herein and that no other rights, permissions, or authorizations are necessary for Company to exercise its rights in the Creator Content. 

ii. You further represent and warrant that Company and its sublicensees, including but not limited to any Users’ use or exploitation of the Creator Content or Creator Trademarks, as permitted herein, will not violate or infringe upon any third party rights including, without limitation, any copyright, trademark, or other intellectual property rights or any privacy or state or common law publicity rights. 

iii. You will indemnify and hold Company harmless from and against any and all third party claims related to i) your breach or alleged breach of any of the foregoing representations and warranties; or ii) Company or is sublicensees authorized use and exploitation of your Creator Content or Creator Trademarks. 

All Creator Content must adhere to the HELIX Content Guidelines and you acknowledge and agree that any breach of those guidelines shall constitute a material breach of these Terms. Company reserves the right to remove, at any time in Company’s sole discretion, any Creator Content that does not comply with the HELIX Content Guidelines or these Terms. Company may also remove, at any time in its sole discretion:

a. Creator Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. 

b. Creator Content that harasses, defames, or disparages any individual or group including any harassing or pejorative comments based on sex, sexual orientation, sexual preference, gender identity, race, ethnicity, religion, or other protected class; or 

c. Creator Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose.

The  following actions are prohibited on the HELIX platform and your engagement in any of the following will constitute a material breach of these Term, for which HELIX may, in its sole discretion and   to any other remedies available at applicable law, take action against your Account including, suspending you from or banning your access to the Services. Accordingly, you shall not:  

a. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof: 

b. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services; 

c. Access the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company;

d. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; 

e. Harvest or collect the email addresses or other contact information of other Users; or

f. Use the Services for any illegal or unlawful purpose or otherwise in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy. 

The  following actions are prohibited on the HELIX platform and your engagement in any of the following will constitute a material breach of these Term, for which HELIX may, in its sole discretion and   to any other remedies available at applicable law, take action against your Account including, suspending you from or banning your access to the Services. Accordingly, you shall not:  

a. We may make available for purchase certain HELIX Items and/or Creator Items (together the  “Items”) within HELIX or otherwise via the Services.  Any information regarding Items (including pricing) and the availability of any Items (including the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of Items, including the applicable colors, however the actual colors and resolution you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof: 

b. License to Items. When you purchase HELIX items, Company is granting you a nontransferable, nonexclusive license to use and interact with such Items for your own personal entertainment and solely within HELIX and your use otherwise subject to the limitations set forth in Section 4(d). No ownership rights are being transferred and you acknowledge and agree that, except as otherwise stated herein, your purchase of any item(s) does not constitute a legally binding agreement between you and Company or you and any Creator.

c. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, REPRODUCE, DISTRIBUTE, SELL, TRANSFER, OR OTHERWISE EXPLOIT THE ITEMS OUTSIDE OF THE SERVICES AT ANY TIME. THIS MEANS THAT YOU CANNOT SELL OR TRADE ITEMS ON ANY THIRD PARTY EXCHANGE, TRADING, AUCTION, OR COMMERCE PLATFORM OR WEBSITE AND THE ITEMS MAY NOT BE USED IN CONNECTION WITH ANY GAMBLING OR SIMILAR ACTIVITIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR ENGAGEMENT IN THE FOREGOING BEHAVIOR WILL BE DEEMED A MATERIAL BREACH OF THESE TERMS AND COMPANY MAY TAKE ACTION AGAINST YOU INCLUDING, BUT NOT LIMITED, SUSPENDING OR TERMINATING YOUR ACCOUNT OR ACCESS PRIVILEGES TO THE SERVICES. 

d. Your purchase of items are subject to the terms set forth below governing transactions. 

e. To the maximum extent permitted by Applicable law, Company has the right to discontinue or otherwise remove any Items from HELIX and/or the Services at any time, without notice and without liability to you including, but not limited to, where Company terminates or suspends your Account or privileges for the reasons set forth herein. 

Within HELIX, Users may purchase HELIX Items, Creator Items, and other Company Content and Creator Content via LIX, the currency of HELIX. Users may acquire LIX by purchasing it from the HELIX Shop  In addition to purchasing LIX From the HELIX Shop, Creators may acquire LIX by selling Creator Items or offering other Creator Content offered for purchase within their World(s).  You acknowledge and agree that the price of LIX in U.S. Dollars or any other currency is subject to change, in Company’s sole discretion. any time. When you acquire LIX by any of the methods set forth above, you are acquiring a limited, nonexclusive, non-sublicensable license to use LIX for the sole purpose of purchasing Items, Creator Content, Company Content, or otherwise acquiring items and experiences on the Services. To the maximum extent permitted by applicable law, all sales  of LIX are final. Unless otherwise indicated, all fees and other charges in connection with the purchase of LIX are in U.S. Dollars, and all payments shall be in U.S. Dollars. LIX does not accrue any interest and may not be used outside of the Services.  

Earned LIX may be exchanged for U.S. Dollars via a Payout within the LIX Exchange. For more information on these Payouts and the policies and procedures concerning the LIX Exchange, see the LIX Payment and Payout Terms. IN FURTHERANCE OF THE FOREGOING YOU MAY NOT, UNDER ANY CIRCUMSTANCES: 

a. BUY, SELL, OR TRADE LIX OFF OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, VIA ANY THIRD-PARTY EXCHANGE PLATFORM; 

b. USE OR TRADE LIX FOR THE PURCHASE OF ANY GOODS OR SERVICES OUTSIDE OF HELIX;

c. USE OR TRADE LIX IN CONNECTION WITH THE PURCHASE OF ANY ILLEGAL SUBSTANCE OR OTHERWISE IN VIOLATION OF APPLICABLE LAW; OR 

d. USE LIX IN CONNECTION WITH ANY GAMBLING, SWEEPSTAKES, LOTTERY, OR SIMILAR ACTIVITY.

YOU ACKNOWLEDGE AND AGREE THAT ANY USE OF LIX THAT VIOLATES THE FOREGOING PROHIBITIONS WILL CONSTITUTE A MATERIAL BREACH OF THESE TERMS AND, IN THAT EVENT, COMPANY, IN ITS SOLE DISCRETION, MAY IMMEDIATELY SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPANY MAY TERMINATE YOUR LICENSE TO LIX AT ANY TIME, FOR ANY REASON OR NO REASON, WITHOUT NOTICE OR LIABILITY TO YOU.  YOU ACKNOWLEDGE AND AGREE THAT COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE VALUE OF LIX AT ANY TIME. 

All rights to LIX not granted herein are otherwise reserved by Company. 

LIX Payment & Payout Terms

You must be 18 years of age or older or have otherwise reached the age of the majority in your jurisdiction or have your parent or guardian’s express permission to make any purchase via the Services using U.S. Dollars or other real world currency. If you wish to purchase LIX or a HELIX Item,  or any other Content you are required to pay the applicable purchase price in LIX or U.S. Dollars, as applicable. 

a. We partner with Tipalti, Stripe and PayPal and other third party companies (each a “Third Party Payment Processor”) to process payments. By making a purchase via the Services, you are authorizing the Third Party Payment Processor to charge your payment card or account the applicable amount.  Payment processing time will vary depending on your location. You will receive a receipt from the applicable Third Party Payment Processor confirming payment.  If your payment is rejected for any reason, including insufficient funds, Company reserves the right to contact you directly to seek payment. By using a Third Party Payment Processor, you may be subject to an agreement with such Third Party Payment Processor. If Company receives notice that your activity violates any agreement between you and or any Third Party Payment Processor, Company may, in our sole discretion take action against your Account to bring you into compliance with such agreements. Such actions may include canceling a transaction, suspending your Account privileges and/or removing certain payment methods. You agree to provide current, complete, and accurate purchase information for all transactions conducted via Third Party Payment Processor.

b. SERVER SUBSCRIPTIONS. IF YOU ARE A CREATOR AND PURCHASE A SUBSCRIPTION TO A SERVER (EACH A “SERVER SUBSCRIPTION”) YOU ACKNOWLEDGE AND AGREE THAT THE PAYMENT METHOD YOU USE TO PAY FOR YOUR SERVER SUBSCRIPTION WILL BE AUTOMATICALLY CHARGED AT MONTHLY INTERVALS UNLESS YOUR SUBSCRIPTION IS CANCELED. SERVER SUBSCRIPTION PRICES ARE SUBJECT TO CHANGE AT ANY TIME.  

c. CANCELING SERVER SUBSCRIPTION. YOU MAY CANCEL YOUR SERVER SUBSCRIPTION AT ANY TIME. TO CANCEL YOUR SERVER SUBSCRIPTION AND STOP RECURRING PAYMENTS PLEASE VISIT LINK OR CONTACT US AT  [email protected].  UPON CANCELLATION OF YOUR SERVER SUBSCRIPTION, YOU MAY CONTINUE TO ENJOY ACCESS TO YOUR SERVER FOR THE REMAINDER OF THE MONTH FOR WHICH YOU HAVE BEEN CHARGED. IF YOU NEED TO UPDATE YOUR PAYMENT INFORMATION, PLEASE VISIT 

d. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION AND COMPANY HAS NO CONTROL OVER THE CONDUCT OF OR ANY INFORMATION PROVIDED BY ANY THIRD PARTY PAYMENT PROCESSOR INCLUDING ANY TERMS, SERVICES, CONDITIONS, REPRESENTATIONS, COVENANTS, OR WARRANTIES SET FORTH IN ANY AGREEMENT BETWEEN YOU AND SUCH THIRD PARTY PAYMENT PROCESSOR AND COMPANY HEREBY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

e. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY ITEM, CREATOR CONTENT, WORLD, LIX, OR OTHER ASSET SOLD OR LICENSED, BY COMPANY, INCLUDING, WITHOUT LIMITATION, THE LICENSED UNREAL ENGINE TECHNOLOGY, IS PROVIDED ON AN “AS IS” BASIS AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, COMPANY DISCLAIMS ALL LIABILITIES, CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO SUCH MATERIALS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE.

f. Refunds. To the maximum extent permitted by applicable law, all purchases of LIX, Creator Content purchased within Worlds and any other items purchased on the Helix or HELIX Add-On Vaults are nonrefundable. Company may, in its sole discretion, issue refunds to users that purchase defective or otherwise unacceptable Items. To request a refund, please contact [email protected].  The foregoing is not intended to and shall not limit any statutory right of refund or any other similar right available under applicable law. 

i. Right of Withdraw for UK and EU Consumers: If you are a resident of the United Kingdom or European Union/EEC you have a right to withdrawal and receive a refund from certain transactions. For more information on this right, please see our Notice of the Right to Withdrawal, located below.  

You agree to use the Communications Services only to post, send, and receive written or audible (voice) communications that are proper and related to the Services. Materials uploaded to a Communication Service may be subject to posted limitations on usage, content, reproduction and/or dissemination. 

YOU MAY NOT UPLOAD ANY PHOTOGRAPHS, PICTURES OF DOCUMENTS, PDFS, OR OTHER DOCUMENTS TO THE COMMUNICATION SERVICES. You are responsible for adhering to any limitations on your use of the Communications Services set forth herein and Company reserves the right to terminate your access to any or all the Communications Services at any time, without Notice, for any reason whatsoever.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

Company has no obligation to monitor the Communication Services. However, Company reserves the right to review any and all materials uploaded to a Communication Service and to remove any materials in its sole discretion. 

CONSENT. BY USING THE COMMUNICATION SERVICES INCLUDING, WITHOUT LIMITATION, ANY VOICE-CHAT SERVICES, YOU ACKNOWLEDGE AND AGREE THAT COMPANY MAY MONITOR AND/OR RECORD YOUR COMMUNICATIONS FOR THE PURPOSE OF ENSURING A SAFE COMMUNITY AND ENFORCING THE TERMS AND THE COMMUNICATION GUIDELINES. ACCORDINGLY, YOU HEREBY PROVIDE IRREVOCABLE, EXPRESS, CONSENT TO SUCH MONITORING AND RECORDING ACTIVITIES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF PRIVACY CONCERNING YOUR USE OF THE COMMUNICATION SERVICES INCLUDING, WITHOUT LIMITATION, ANY VOICE-CHAT OR WRITTEN COMMUNICATIONS.  ANY INFORMATION YOU BROADCAST OR UPLOAD VIA THE COMMUNICATION SERVICES SHALL BE PROCESSED BY COMPANY IN ACCORDANCE WITH OUR PRIVACY POLICY. 

YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY ONLINE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.

You acknowledge and agree that:

a. Company has the discretion to immediately terminate or restrict access to the Services or any portion thereof, at any time, for any reason, without notice and without liability to you;

b. Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so; 

c. The Services may not be offered in all countries or geographic locations;

d. In addition to and without waiving any other remedies available under applicable law Company may terminate, suspend, or restrict your access to the Services in the event you breach any term, condition, or obligation set forth herein, in Company’s sole discretion.

All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content.

No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing the use of the Services or the purchase any other good or service, whether virtual or tangible, offered by the Services, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.

USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE INTERRUPTION OF THE SERVICES AND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

THE SERVICES ARE PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NON-INFRINGEMENT, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF FORESEEABILITY AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUNDER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY. 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU  BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.

In addition to any other representations and warranties made herein, you hereby represent and warrant that i) you are not prohibited from receiving or using any aspect of the Services under applicable laws and ii) Company has not previously disabled your access to the Services for a violation of the law or these Terms or other applicable agreements, terms of use, or contracts.

The Services may contain links to third-party websites. The third-party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.

Use of and access to the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.

The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

a. IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND COMPANY CONCERNING OR GOVERNED BY THESE TERMS OR ANY OTHER AGREEMENT BETWEEN YOU AND COMPANY, YOU AGREE THAT YOU WILL CONTACT US SO THAT WE MAY ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY AND YOU AGREE TO NEGOTIATE A RESOLUTION TO ANY DISPUTE FOR NO FEWER THAN SIXTY (60) DAYS  PRIOR TO INITIATING ARBITRATION OR ANY OTHER MECHANISM FOR DISPUTE RESOLUTION HEREUNDER. 

b. In the event the parties are not able to resolve any dispute between them, as described above , then, except as provided below, the parties hereby agree to submit any dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted before a single neutral arbitrator in accordance with JAMS Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted remotely unless the arbitrator believes an in-person hearing is required, in which case the location of the arbitration hearing will be determined by JAMS rules. The arbitrator will follow California law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of these Terms, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether any dispute is subject to arbitration and shall rule on any defense, raised by a party hereto, that the claim(s) in question is exempt from this arbitration requirement. As part of the arbitration, the parties shall engage in the exchange and/or discovery of non-privileged information relevant to the dispute, in accordance with JAMS rules.

c. Small Claims. The foregoing shall not apply to any claims that fall under the auspices of a small claims court of competent jurisdiction and either party may seek appropriate relief therein.

d. Class Action Waiver. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

e. Injunctive Relief. The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in Los Angeles County, California. In that respect, you hereby consent to the jurisdiction of the State of California and agree that its laws will be used to resolve all disputes arising from or concerning these Terms.

f. You have the right to opt-out of the foregoing arbitration requirement and class action waiver. This right must be exercised within thirty (30) days of the first day you access the services.  To exercise your opt out right, you must send written notice of your decision to opt-out to: 

For the purposes of these Terms, a  dispute between Users that is related to the purchase, use, and/or access of Creator Content shall be known as a “Platform Dispute”. If you have a Platform Dispute or any other dispute with another User, you should direct any inquiries or complaints to the User in question. Company is not responsible for adjudicating or resolving Platform Disputes or any other dispute between Users.  If you are unable to resolve a Platform Dispute following good faith effort you may choose to escalate the Dispute to Company, in which case Company will have the right, but not the obligation, to intervene and the decision to intervene will be made at Company’s sole discretion. If Company elects to intervene, each party agrees that Company’s decision will be final and binding with respect to the Platform Dispute. PLEASE NOTE THAT THE FOREGOING SHALL ONLY APPLY WITH RESPECT TO PLATFORM DISPUTE. COMPANY IS NOT AN ATTORNEY, REGULATORY BODY, OR COURT OF LAW AND CANNOT GIVE LEGAL ADVICE. IF YOU HAVE ANY DISPUTE WITH A USER THAT YOU ARE UNABLE TO RESOLVE, YOU SHOULD CONTACT OUTSIDE LEGAL COUNSEL. 

You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive Section 1542 of the California Civil Code or any other applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."

In addition to any other indemnification obligations set forth herein and to the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your violation of applicable law; or (v) any claim that you caused damage to a third-party.

Company is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.

If you are a copyright owner or an agent thereof and believe , in good faith, that any Creator Content infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Services are covered by a single notification, a representative list of such works that appear within the Services;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

Company will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

The designated agent can be reached at: [email protected] 

Company may notify the owner or administrator of the affected Creator Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:

a. Your physical or electronic signature;

b. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

c. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

d. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.

a. Your physical or electronic signature;

b. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

c. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

d. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

a. Right of Withdrawal: PLEASE NOTE, BY PURCHASING ANY DIGITAL CONTENT INCLUDING, BUT NOT LIMITED TO, ANY HELIX ITEMS OR CREATOR CONTENT, YOU ARE EXPRESSLY AGREEING TO WAIVE YOUR RIGHT OF WITHDRAWAL. Pursuant to the EU Consumer Rights Directive (the “Directive”) and subject to the terms and conditions set forth in Section 25(e) below, all Users who are residents of the European Union or United Kingdom have a right to withdrawal from any purchase of HELIX Items, Creator Items or other goods or services, whether digital or physical (collectively “Goods”) made via the Services, for any reason. For any Goods that you purchase online, you agree that the withdrawal period will expire upon the sooner of fourteen (14) days after you purchase the Goods or 14 days after you download such Goods. For any physical Goods, your right to withdrawal will expire 14 days after you take possession of the Goods.

b. To exercise the right of withdrawal, you must provide us with an unequivocal statement that you wish to withdraw from the purchase and no longer access or have use of the applicable Goods within the Services. Specifically, your statement must provide:

1. Date of request

2. Your name and address (if sent request sent my physical mail) and the name of your Account

3.  The following statement: “I hereby give notice of my decision to withdraw from the purchase of the following (Good(s) that you purchased, along with the date of purchase).

4. Please sign the form if you send your request via physical mail and not via the automated form. 

c. To exercise your Right of Withdrawal, you may use this automated form or email us at: [email protected]

d. Effect of Write of Withdrawal: In the event you exercise your right of withdrawal we will, within 14 days of the request reimburse all payments received from you with respect to the applicable Goods, provided that if you made use of the Goods, we may deduct from the reimbursement an amount proportional to such use.  We will reimburse you via the same means of payment that you used for the initial transaction. For any physical Goods, we may withhold reimbursement until we receive the applicable goods. You must return all physical Goods within 14 days of your request to receive reimbursement and you will be responsible for all associated shipping and handling costs. Please note that, upon your exercise of the Right to Withdrawal, your Account will no longer have access to the applicable Goods in any form of the Services.

e. Exceptions to Right of Withdrawal: You acknowledge and agree that, pursuant to the Directive, your right to withdrawal will not apply in the following circumstances, among others:

i. Digital content that is not supplied on a tangible medium, if performance has begun and you have provided consent to begin performance during the Right of Withdrawal period and you have acknowledged that by making such purchase, you lose your Right of Withdrawal; and

ii. Service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose his right of withdrawal once the contract has been fully performed.

Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use. 

You agree that your use of the Services will, at all times, comply with applicable laws. 

The failure of either party to exercise any right or remedy provided in these Terms in the event of a breach by the other party shall not be deemed a waiver of that right or remedy or any other rights or remedies available under these Terms  or at law. No waiver by either party of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

These Terms  and any other document incorporated herein by reference constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of these Terms and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.

i. Digital content that is not supplied on a tangible medium, if performance has begun and you have provided consent to begin performance during the Right of Withdrawal period and you have acknowledged that by making such purchase, you lose your Right of Withdrawal; and

ii. Service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose his right of withdrawal once the contract has been fully performed.