Terms of Service for 3DXHUB

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Scope
Please read the terms of service (herein referred to as „terms“) and all conditions of use carefully before using any 3dxhub product or service. The terms „products or service“ in the meaning of these terms stand for both for all physical and/or digital products and services, including but not limited to applications, websites, games, audio and video content as well as any other form of content, virtual currencies and credits.

3dxhub is operated by EMN - Entertainment Media Network e.U. with the registered Address Untere Ortsstr. 25, 2481 Achau, under the Laws of Austria (herein referred to as „3dxhub“ or „We“). The given terms replace and/or supplement any prior 3dxhub terms that were entered into when setting up any 3dxhub Account to play or use products or services provided by 3dxhub. If there is an inconsistency between prior 3dxhub terms and these terms, the current terms will rule your ongoing use of our products and services.

Persons using and/or purchasing our products or services (herein referred to as „User“ or „You“) must be at least 18 years old and have the age of majority in the jurisdiction they reside in. Furthermore, users acknowledge, that the possession or consumption of our products and services or the access to it must not violate any federal, state or local law or regulation in the place where they access are our products or services. If these restrictions are not met or users do not agree the be fully bound by the given terms they are not allowed to use any of 3dhub’s products, sites or services.

Products and services of 3dxhub regularely include adult content (e.g. depictions of nudity and heterosexual, bi-sexual, homosexual and transsexual content as well as interactive role play situations). Our products and services are solely meant to be distributed to adults who acknowledge to be familiar with content of this kind and are not offended by it. No persons under the age of majority in their jurisdiction may directly or indirectly view or possess any of the products or services We will not accept any users under the age of majority and are entitled to use any age verification methods deemed appropriate in respective global regions to verify your age.

These terms contain the entire agreement between the User and 3dxhub regarding the use of 3dxhub products and services and all materials directly and indirectly related thereto. These terms supersede all prior written and oral under- standings, writings, and representations and may only be amended upon notice by 3dxhub.

Revision of Terms and Updates
3dxhub may revise these terms at any time and the revisions will apply to all the continued uses of our products and services, including subsequent purchases and entitlements to content that you receive by using virtual currencies / credits. You are responsible for keeping up to date on the latest versions of the terms as revised from time to time. When 3dxhub revises this Agreement, at anytime, it is your responsibility to regularly review changes.

Electronic Contracting
You acknowledge and agree that by clicking the 'sign up' or 'submit order' (or similar) buttons when agreeing to any use any 3dxhub products or services, or entering into any transaction or placing of an order, you are entering a legally binding agreement. Acceptance gives consent to: (a) use online communications to enter contracts and place orders, and (b) provide for the electronic delivery only of transactions records, or any other notices online. All communications and transactions with 3dxhub will be conducted electronically. Accepting the above also means you will maintain and have ongoing access to the necessary software and hardware to receive electronic records in connection with transactions initiated or completed to an account used as the registered users e-mail address. If you do not consent you must cease using any 3dxhub products and services.

3dxhub Online Registration
To use the 3dxhub products of services, you must have a personal non-transferable 3dxhub account. 3dxhub requires the creation of an identifiable and unique E-MAIL-ADDRESS to be used in conjunction with an assigned PASSWORD or additional codes required to use game or access online content and services. In consideration of using a 3dxhub account, you agree to provide complete, accurate and true information as required to process your order (particularly full name and address). In addition, you agree to update any information used for registration in order to maintain its truth, accuracy and completeness. 3dxhub may deny you privileges in the event that information is untrue, inaccurate or incomplete. You may not allow others to use account information, and if you think there is unauthorized use associated with an account it must be reported immediately. 3dxhub is not liable for theft or misappropriation or any unauthorized use.

You are entirely responsible for maintaining the confidentiality of your registration data and password and for any and all activities (including purchases and charges where applicable) that are conducted through your account. 3dxhub reserves the right, to remove inactive accounts demo accounts if such accounts go over a period of 180 days of non-usage or there are violations of these terms.

Data Processing
As part of the registration and installation processes involving systems that use 3dxhub products and services, the personal data you provide directly as well as your IP addresses and computer's hardware and operating system specifications may be collected for use as anti-fraud or as anti-piracy measures. The information will be used by us for a internal purposes, including without limitation to verify your rights to and maintain the product or service, to ensure that your account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse.
For an comprehensive overview on how we use personal data please see our Privacy Policy.

Scheduled and Unscheduled Service Interruptions
Services provided by 3dxhub may be subject to Scheduled and Unscheduled Service Interruptions, and 3dxhub may need to occasionally interrupt service without prior notice (e.g. for System-Updates). You agree that 3dxhub is not liable for any interruption of the Service (whether intentional or not), and you understand that except as may otherwise be specifically provided, you will not be entitled to any refunds of fees or other compensation for interruption of service.

Account Payment Methods
Some or all of the following fees and charges may be incurred by a User:

a. Micro transaction purchases of amounts of „credits“ (including but not limited to virtual currencies, coins or tokens) to activate and unlock game play and additional in-game or video content; purchase fees are generally non-refundable;

b. Payments for all products and services ordered at through online stores, through or from 3dxhub and its licensees; Purchase fees are generally non-refundable;

Users are responsible for providing all personal computer and communications equipment necessary to maintain their accounts, and gain access to the service. Access to and use of third party payment providers is through the use of the respective login user name and passwords of the respective payment provider (e.g. Paypal). Each user must keep his password strictly confidential.

User accounts may not be assigned or transferred to any other person or entity. Users must promptly inform 3dxhub of the following: changes in personal and billing information; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until 3dxhub is notified, by electronic mail at info@3dxhub.com, of a breach in security of an account, the user will remain liable for any unauthorized use of the Service. Upon request, users will be given access to billing records that support charges for use of the Service.

Pricing and Taxes
Amounts payable for products and services as well as credits is the price indicated on the 3dxhub controlled online purchase order forms and join pages and/or in confirmation email communications that are sent to you at your registered e-mail address. 3dxhub reserves the right to change the price and specifications relation to any of its products or services.

If you paying by using an payment provider that is affiliated with 3dxhub, you will be bound by that respective payment provider's terms and conditions (e.g.Paypal).

When you acquire products, services or credits you agree to pay all applicable taxes that are required by law in taxable regions, or that 3dxhub assesses on specific transactions if required and applicable for your geo-targeted billing area.

Third Party Transaction Fees
You are responsible for any third party fees necessary to complete your product, service or credit purchase and transaction payments including all and any credit card fees, handling charges, and other costs imposed by a payment and billing provider. Please see your Internet service provider's and/or payment provider’s terms and conditions for potential charges for downloading content as 3dxhub is not responsible for delivery charges for digital content or bandwidth used while consuming services from any device.

If 3dxhub or authorized billers geo target and provide local currency to complete transactions any charges regarding conversion to local currencies to a national currency by your payment provider, at its then prevailing currency exchange rate, are the users responsibility. A payment provider may also charge you a handling fee for processing this currency exchange transaction depending on their independent terms agreement you will have had to agree to separately to complete any transaction using third party billing. Costs associated with accessing the 3dxhub Online Services and downloading content depends on your Internet service provider.

Credits Licensing and Limited License Grant
Credits can only be purchased via authorized 3dxhub online Services. By purchasing or otherwise acquiring products, services or credits, you obtain a personal non-exclusive limited license to playing 3dxhub content, and access to select from content that we expressly make available as part of the 3dxhub products and services.

Sales or purchases of credits are actually only the purchase or sale of a personal, revocable, non-transferable, non-sublicense able limited license with no other rights attached and all credits must be used in compliance with these terms. Offers to buy and use credits are a virtual feature of game play, and 3dxhub is not obligated to provide purchase of goods on an ongoing basis if terms are not met. Credits may only be held in 3dxhub accounts belonging to legal residents of countries where access to and use of the 3dxhub Online Services and credits is permitted.

Credits have no real-world monetary value and do not constitute currency or property of any type and are thus considered a virtual item primarily for the purpose of gameplay. Irrespective of terminology used, credits are not redeemable for any sum of real world money, or other monetary instruments at any time. Credits can act as a fictional currency to be used at 3dxhub's sole discretion for purchase of virtual items and can only be used in whatever manner 3dxhub deems appropriate. Credits may be redeemed for 3dxhub Games and Videos, Online Content goods and services only. 3dxhub retains the right to regulate, modify, eliminate, manage, or otherwise control credits as it sees fit including how they are provided, acquired, used, or lost. Credits cannot be sold or transferred, and cannot be exchanged for cash or for any other real-world goods and services of value, other than as expressly permitted by 3dxhub. The credit system as part of game play or purchase of virtual items can be eliminated at the sole discretion of 3dxhub or by required applicable local laws and jurisdiction.

Credits are non-refundable and any commercial use or exchange outside the terms of this document is prohibited. You are not entitled to a refund for any unused credits. Subject to the terms of these terms, your credits license is coextensive with your right to use 3dxhub products or services. The term of your credits license starts when you acquire credits and, subject to this Agreement, and can end 364 days later if the credits are unused in an inactive account or these terms is violated and your 3dxhub account is cancelled, suspended or terminated, or your credits expire as set forth.

You are expressly prohibited from reproducing, sub-licensing, renting, lending, leasing, modifying, distributing or otherwise making publicly available credit rights. The limited license can be terminated for any violations of these terms including but not limited to actions that manipulate their value, are fraudulent, are considered wagering, betting, or gambling in any way, or are otherwise outside maintaining the integrity and value and credits and 3dxhub will have no liability to violators. In the case of suspected account fraud phishing, use of auto generator scripts, violations of any of these terms, violations of laws or regulations of various jurisdictions, or to protect the integrity of the credits, 3dxhub may at its sole discretion, halt, suspend, terminate, reverse or otherwise modify or cancel any credits whether prospectively, retroactively, or otherwise held in any account.

Credits may not be used for real world wagering, betting, gambling other than in-game fictional 'games of chance' should those games be offered. Anything defrauding the credit and virtual currency systems is a violation of these terms. Any credits, items or services obtained fraudulently or illegally are immediately void and will be removed or reversed from all affected accounts and appropriate law enforcement agencies will be contacted if damages are monetary. 3dxhub has the absolute right to manage, regulate, control, modify and/or eliminate such in-game credit systems as it sees fit in its sole discretion, in any general or specific case, and that 3dxhub will have no liability to you based on its exercise of such rights. You are hereby prohibited from reselling or distributing credits without the expressed written consent of 3dxhub.

Exchanges
3dxhub may provide an exchange of credits for other credits of real-world value at 3dxhub's sole discretion. 3dxhub has the right to control currency including but not limited to the amount of currency in circulation, floor and ceiling pricing, trading limitations, auctions and whatever regulatory mechanisms are required to maintain the fair market value of credits as required. 3dxhub also maintains the right to determine and control the minimum and maximum number of credits that can be purchased or earned — whether by activity, day, account or individual.

Availability
3dxhub does not guarantee that any particular item offered as part of the 3dxhub products or services will be available at all times or at any given time. We do not guarantee the continued availability of particular items for any given lengths of time. 3dxhub reserves the right to change and update its inventory of 3dxhub products and services without notice. Once you have redeemed credits for 3dxhub Online Content, that content is not returnable, exchangeable, or refundable for credits or for real world money, or other goods or services.

You acknowledge that any product or service that use the credits are owned by 3dxhub and/or our designated partners and that these rights are protected by laws governing copyright, trademark, intellectual property rights and all other real-world property rights. 3dxhub may at its sole discretion also award credits in connection with promotional events as a bonus and/or optional pricing offers. Any rewards are not considered prizes or payment for work. You acknowledge that at no time do you own, nor have any real-world right to, the intellectual property associated or obtained via credits.

Cancellation and Suspension
3dxhub can cancel or suspend access to its products, services and credits, in its sole discretion and without prior notice, if (i) there is failure to comply with these terms; or (ii) suspected fraud or misuse of the 3dxhub products, services or credits, or any other unlawful activity associated with a 3dxhub Account. In these types of instances there will be no entitlement to any refund for any unused credits or any compensation or consideration. If required 3dxhub may submit information to law enforcement agencies or other entities to protect itself or its users.

Termination of Services
You agree that 3dxhub may stop making products, services or credits or any feature thereof, available, at any time, without any liability to you. If we stop supporting an App or Game or 3dxhub Online Services, we will provide at least thirty (30) days advance notice to you by posting a notice on the 3dxhub website.

Licensing, Copyright and other IP
All materials included in products or services of 3dxhub are unless otherwise stated limited for the single private use by users only. No other uses are intended by 3dxhub and any other use is strictly prohibited, including sharing, reselling or distributing.

All copyright, trade marks and all other intellectual property rights in the products and services provided by 3dxhub and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to3dxhub, 3dxhub vendors, or are otherwise used by 3dxhub as permitted by law. (If you believe you copyright has been infringed, please contact us as info(at)3dxhub.com).
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.     
You will be agreeing to be personally liable and fully indemnify 3dxhub and its authorized affiliates for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual authorized or unauthorized downloading, usage and/or other duplication of materials from 3dxhub, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized usage or downloading of materials from 3dxhub including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

Liability and Limitation of Liability
You agree to be personally liable and fully indemnify 3dxhub and its authorized affiliates for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual authorized or unauthorized downloading, usage and/or other duplication of materials from 3dxhub, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agencies, wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized usage or downloading of content from 3dxhub including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s)

3dxhub is as far as legally permitted not liable for damages or other negative effects resulting from the use of its products and services, disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any software, data, advertisement or other communication. Any liability of 3dxhub, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of fees paid by or on behalf of the user to 3dxhub Content, Games, Videos or Services for the preceding month or the last purchase of credits. Some states and countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification
You agree to defend, indemnify, and hold harmless the 3dxhub, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of these terms. 3dxhub reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with 3dxhub in asserting any available defenses.

You agree that a breach of these terms may cause irreparable injury to 3dxhub for which monetary damages would not be an adequate remedy and 3dxhub shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.

Legal Compliance
3dxhub may suspend or terminate this Agreement or User‘s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographically unlawful, that may harass or assault others, that may violate hacking or other criminal regulations. In such event, 3dxhub may disclose the users identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and 3dxhub shall not be liable for damages or results thereof and users agrees not to bring any action or claim against 3dxhub for such disclosure.

Choice of Law and Forum
These terms shall be governed by and construed under the laws of Austria. 3dxhub (excluding third party linked sites) is controlled by its offices in Austria. It can be accessed from many countries around the world to the extent permitted by site. As each of these places has laws that may differ from Austria, by accessing this site, you that the statues and laws of Austria shall apply to any actions or claims arising out of or in relation to these terms, without regard to conflicts of laws principles thereof. You also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Austria and any legal proceedings shall be conducted in German. The Operator makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.