HEX: Shards of Fate

Terms of Use for HEX: Shards of Fate

Please read the HEX: Shards of Fate Terms of Use Agreement ("Agreement") careful
ly before registering an Account, and using the HEX Game, or any such other soft
ware usage. This Agreement is a legally binding document between you and HEX En
tertainment, LLC ("HEX Entertainment"). By accepting the terms of this Agreemen
t and downloading the Game Client, you are agreeing to be bound by the terms of
this Agreement.
HEX: Shards of Fate (or otherwise referenced as "HEX Game", and defined below) i
nclude two components: (i) the software program along with any accompanying mate
rials or documentation (collectively, the "Game Client"), and (ii) HEX Entertain
ment's proprietary online service ("Service").
IF YOU DO NOT AGREE to the term of this Agreement, do not click "I Accept" to ac
cept the Agreement and do not register an Account with the Game.
Additionally, by registering an Account and using the Game you agree to the term
s of the Code of Conduct (http://www.cryptozoic.com/coc), Privacy Policy (http:/
/www.cryptozoic.com/privacy-policy) and HEX: Shards of Fate End User Software Li
cense (acknowledge prior to downloading the Game Client) each of which are incor
porated into this Agreement by reference. Each of these documents may, at any t
ime, for any reason, be updated, changed, removed, or modified at the sole discr
etion of HEX Entertainment, and your continued use of the HEX Game after such ch
anges constitutes your acceptance of said change.
IF YOU DO NOT AGREE to the applicable terms of the Code of Conduct, Privacy Poli
cy, and HEX: Shards of Fate End User Software License, do NOT click "I Accept" t
o accept the Agreement and do NOT register an account with the Game.
By clicking "I Accept":
(1) You acknowledge that you have read the terms of this Agreement in its entire
ty;
(2) You agree to be bound by the terms of this Agreement;
(3) You agree to be bound by the applicable terms of Code of Conduct, Privacy Po
licy, and HEX: Shards of Fate End User Software License; and
(4) You are authorized and able to accept this Agreement.
IF YOU DO NOT AGREE to the terms of this Agreement, click the "I Decline" button
and do NOT register an Account.
Any and all unauthorized use is strictly prohibited.
Terms and Conditions of the Agreement are as follows:
HEX: Shards of Fate (or otherwise referenced as "HEX Game", and defined below) i
nclude two components: (i) the software program along with any accompanying mate
rials or documentation (collectively, the "Game Client"), and (ii) HEX Entertain
ment's proprietary online service ("Service")
A. Grant of Limited License to Use the Service.
If you agree to this Agreement, you may register an account ("Account") through
for purposes of playing HEX: Shards of Fate. Subject to your agreement to and c
ontinuing compliance with this Agreement, and the applicable terms of the Code o
f Conduct, Privacy Policy, and HEX Entertainment's End User Software License, yo
u may use the Services solely for our non-commercial entertainment purposes by a
ccessing it with an authorized, unmodified Game Client. You may not use the Ser
vice for any other purpose, or in connection with any other software.
B. HEX Game.
1. Alpha Release Eligibility.
(a) General. The Alpha Release is available to a limited number of users. Each
user must receive a special invitation to participate.
(b) Additionally, the HEX Game is available only to individuals considered to be
adult age in the Account holder's respective country and older. If you are a m

inor, (thirteen to eighteen years of age for United States Account holders) your
parent or guardian must complete the registration process, in which case the pa
rent or guardian will take full responsibility for all obligations under this Ag
reement. By clicking the "I Accept" button and downloading the Game Client, you
represent that you of adult age and are either accepting this Agreement on beha
lf of yourself or on behalf of your child. An account with identifying informat
ion, must be created to use the Service ("Account"), and your Account is persona
l to you and may not be transferred, sold or used by anyone else unless you are
a parent or guardian, in which case you may permit one child to use the Account
instead of yourself. Regardless, you are liable for all activities conducted th
rough your Account.
2. Alpha Release. In the event that any part of the HEX Game is released as an
alpha release, or first phase of product testing released to a limited number o
f external users ("Alpha Release"), you acknowledge and agree that an Alpha Rele
ase may contain more or less features than future releases. While HEX Entertain
ment intends to distribute a full release, it reserves the right at any time not
to release a full version, or, if released, to alter features, specification, c
apabilities, function, licensing terms, release dates, general availability or o
ther characteristics. You agree that the Alpha Release versions may contain err
ors affecting proper operation and functionality.
3. Beta Release. In the event the HEX Game and/or Service is released as a "Be
ta" release, all information entered, received or acquired by either party throu
gh use of the Alpha Release, including Account information, may be deleted. HEX
Entertainment has the sole discretion to not delete any particular piece(s) of
information entered, received or acquired through use of the Service.
4. Fees for Products and Services. The Alpha Release will have no fees in conn
ection with participation. Participation is solely for testing and evaluation o
f the Hex Game.
5. Tournaments, Contests, Promotions, Redemption Codes and Events for Alpha Rele
ase only. The Alpha Release may simulate tournaments, contest and redemption co
des for testing and evaluation purposes only. No prizes will be awarded. Any p
rizes that appear to be awarded are only temporarily awarded to the user during
the testing and evaluation process.
C. Permitted Agreement Uses and Restrictions.
1. Recordings. Subject to the terms and conditions of this License, you are gra
nted a limited non-exclusive license to access and use the HEX Game. HEX Enter
tainment, through the HEX Game, may use third party websites and technologies to
record or stream gameplay or chat dialogue ("Recordings"). HEX Entertainment d
oes not object to the creation and distribution of Recordings so long as such Re
cordings, (i) do not include third party trading card games, or other products o
r services that are competitive with HEX Entertainment products, (ii) otherwise
comply with the terms of this License, (iii) are not commercially sold or distri
buted, and (iv) comply with all national, state and local laws, rules and regula
tions. If you are uncertain about your right to create or distribute the Record
ings you created, you should contact a legal advisor.
2. Fan Sites. HEX Entertainment does not object to the creation of fan sites a
nd community websites ("Fan Sites"), so long as such Fan Sites comply with all t
erms and conditions of this License, and the Fan Sites make no claim to any HEX
Entertainment intellectual property rights (as defined within). HEX Entertainme
nt reserves the right to determine if Fan Sites have violated any terms of the L
icense and/or would not be considered a Fan Site by ordinary custom and practice
s. Fan Sites may not at any time detract from the ordinary play of the HEX Game
.
3. Intellectual Property Rights. HEX Entertainment owns all right, title and i
nterest in and to the HEX Game and related products or services, and all aspects
thereof (including, but not limited to, any software, titles, computer codes, t
hemes, objects, characters, character names, character likeness, stories, dialog
, catch phrases, locations, concepts, artwork, character inventories, structural
or landscape designs, animations, sounds, compositions, audio-visual effects, m

ethods of operation, moral rights, related documentation, storylines accompanyin

g the Game Client and/or Service whether on disk, in read only memory, on any ot
her media or in any other form) as well as all related and underlying intellectu
al property including all trademarks and copyrights. Your Account and your use
of the HEX Game or related products and services does not grant you any ownershi
p interest in and to the same.
4. Ownership and Transfer of Account. NOTWITHSTANDING ANYTING TO THE CONTRARY
HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROP
ERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A HEX ENTERTAINMENT SYSTEM, INC
LUDING WITHOUT LIMITATION ANY ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THA
T ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE
TO THE BENEFIT OF HEX ENTERTAINMENT.
You may not rent, lease, lend, redistribute or sublicense your Account or any pa
rt of the HEX Game.
HEX ENTERTAINMENT MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY T
IME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purpose
s of explanation and not limitation, most account suspensions, terminations and/
or deletions are a result of violation of this Agreement, HEX: Shards of Fate En
d User Software License, or the Code of Conduct.
Code of Conduct: All users agree to abide by the Code of Conduct, which is incor
porated by reference into this License and can be viewed at: http://www.cryptozo
ic.com/coc.
5. Rules Related to Game Play. HEX Entertainment strictly enforces the rules t
hat govern game play in the HEX: Shards of Fate universe. HEX Entertainment con
siders most conduct to be part of the HEX Game, and not harassment. Nonetheless
, certain acts go beyond what is fair and are considered serious violation of th
is Agreement. Those acts include, but are not necessarily limited to, the follo
wing:
(a) using or exploiting errors in design, features which have not been documente
d, and/or program bugs to gain access that is otherwise not available, or to obt
ain a competitive advantage over other players;
(b) conduct prohibited by the HEX: Shards of Fate End User Software License (whi
ch must be "accepted" prior to downloading the Game Client);
(c) conduct prohibited by the Code of Conduct, which can be viewed at: http://ww
w.cryptozoic.com/coc;
(d) anything that HEX Entertainment considers contrary to the "essence" of the H
EX Game.
6. No Exploitation for Commercial Purposes. You agree that you will not exploit
any part of the HEX Game for commercial purposes, including (a) performing in-g
ame services in exchange for payment outside the HEX Game, or (b) for gathering
in-game currency, items or resources for sale outside the HEX Game.
Use at a computing gaming center or any other location based site is permitted,
under the following condition that, although Account holders are sharing a Game
Client, no Accounts will be shared at any time, for any reason.
7. No External Transfer or Sale of Virtual Assets. HEX Entertainment does not r
ecognize any purported transfers or sales of event tickets or other virtual asse
ts outside of the HEX Game. Accordingly, you are strictly prohibited from selli
ng, gifting or exchanging virtual assets, event tickets or any other virtual HEX
Game currency for other any value outside of the HEX Game.
8. Consent to Monitor. When using the HEX Game, the HEX Game may monitor your
computer's random access memory (RAM) for unauthorized third party programs runn
ing concurrently with the HEX Game. An "unauthorized third party program" as us
ed herein shall be defined as any third party software that conducts activities
prohibited in the HEX: Shards of Fate End User Software License. In the event t
hat the HEX Game detects an unauthorized third party program, the HEX Game may c
ommunicate information back to HEX Entertainment, including without limitation y
our account name, details about the unauthorized third party program detected, a
nd the time and date, and/or HEX Entertainment may exercise any and all of its r
ights under this agreement, with or without prior notice to the user.
9. Consent to Use of Data, Alpha Release. You agree that HEX Entertainment and

its subsidiaries and agents may collect, maintain, process and use diagnostic t
echnical, usage and related information, including but not limited to unique sys
tem or hardware identifiers, information about your computer, system and applica
tion software, peripherals, Internet Protocol Address(es) ("IP Address") and ope
rating system(s) that is gathered periodically to provide and improve HEX Entert
ainment's products and services, facilitate the provision of software updates, p
roduct support and other services to you (if any) related to the Service, and to
verify compliance with the terms of this Agreement. You may NOT change these s
ettings. HEX Entertainment may use all information collected in the Alpha Relea
se, and some information collected may personally identify you through your Acco
unt. Additionally, if you request any technical support, you consent to HEX Ent
ertainment accessing your Account for the purposes of support.
HEX Entertainment may, with or without notice to you, disclose your IP Address,
personal information, chat logs, and other information about you and your activi
ties: (a) in response to a request by law enforcement, a court order or other le
gal process; or (b) if HEX Entertainment believes that doing so may protect your
safety or the safety of others.
HEX ENTERTAINMENT MAY MONITOR, RECORD, REVIEW, MODIFY, AND/OR DISCLOSE YOUR CHAT
SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT
TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Addition
ally, you acknowledge that HEX Entertainment is under no obligation to monitor y
our electronic communications, and you engage in those communications at your ow
n risk.
Privacy Policy. At all times your information will be treated in accordance wit
h HEX Entertainment's Privacy Policy, which is incorporated by reference into th
is Agreement and can be viewed at: http://www.cryptozoic.com/privacy-policy.
10. Consent to Receive Communication. You agree that we may communicate with y
ou via the email your provide in your Account registration and any similar techn
ology for any purpose relating to the HEX Game or related services which are in
existence now or may in the future be provided by HEX Entertainment.
11. Feedback. HEX Entertainment does not accept unsolicited suggestions, comme
nts, feedback or any potentially related intellectual property regarding the HEX
Game or its related products and services.
12. International Use of HEX Game and Services. In addition, HEX Game, related
products and services and third party materials that may be accessed from, disp
layed on or linked to from the HEX Game are not available in all languages or in
all countries or regions. HEX Entertainment makes no representation that such
related services and third party materials are appropriate or available for use
in any particular location. To the extent you choose to use or access such serv
ices and third party materials, you do so at your own initiative and are respons
ible for compliance with applicable laws, including but not limited to applicabl
e local laws and privacy and data collection laws.
13. Duration of the Online Component of the Service. HEX Game is an online gam
e that must be played over the Internet through the Game Client. You understand
and agree that the Service provided by HEX Entertainment at its sole discretion
and may be terminated or otherwise discontinued by HEX Entertainment at any tim
e for any reason. You are wholly responsible for the cost of all telephone and
Internet access charges along with any necessary equipment, servicing, repair or
correction incurred in maintaining connectivity to the Service.
14. Reserved Right to Change, Suspend, Remove or Disable. HEX Entertainment an
d its licensors reserve the right to change, suspend, remove or disable access t
o the HEX Game and any related services at any time without notice. In no event
will HEX Entertainment be liable for the removal of or disabling of access to a
ny such services. HEX Entertainment may also impose limits on the use of or acc
ess to certain services, in any case and without notice or liability.
D. Additional Restrictions and Limitations.
1. The HEX Game is made available solely for use by Account holders according t
o the terms of this Agreement. Any use, reproduction or redistribution of the H
EX Game or related products or services not expressly authorized by this Agreeme

nt is expressly prohibited and may result in severe civil and criminal penalties
.
2. Damaging Conduct. You are strictly prohibited from engaging in, or assistin
g other to engage in, conduct that would damage or impair the property of HEX En
tertainment including, without limitation, the following: (a) copying, distribut
ing, transmitting, displaying, performing, framing, linking, hosting, caching, r
eproducing, publishing, licensing, or creating derivative works, in whole or in
part, from any information, software, products or services obtained from the HEX
Game; (b) modifying, reverse engineering, disassembling or decompiling the HEX
Game in whole or in part; (c) using intellectual property contained in the HEX G
ame to create derivatives or to provide other means through which others may pla
y the HEX Game such as through server emulators or matchmaking services; (d) tak
ing actions that impose an unreasonable or disproportionately large load on HEX
Entertainment's network infrastructure or that could damage, disable, overburden
, or impair any of HEX Entertainment's websites or other services; (e) interferi
ng with any other party's use and enjoyment of the HEX Game (including cheating)
and any of HEX Entertainment's websites; (f) attempting to gain unauthorized ac
cess to third party Accounts or the HEX Game, or any of HEX Entertainment's webs
ites, via any means; (g) using third party software designed to modify the HEX G
ame and/or the HEX Game experience in any means.
3. Unauthorized Third Party Software. You are strictly prohibited from use of u
nauthorized third party software that intercepts, "mines", or otherwise collects
information from or through the HEX Game, including without limitation any soft
ware that reads areas of RAM used by the Game Client to store information about
a character, game environment, or other aspects of the HEX Game; provided, howev
er, that HEX Entertainment may, at its sole discretion, allow the use of certain
third party user interfaces.
4. Disclaimer of Warranties. If you are a user who is a consumer, you may have
legal rights in your country of residence which would prohibit the following li
mitations from applying to you, and where prohibited they will not apply to you.
To find out more about rights, you should contact a local consumer advice orga
nization.
(a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICA
BLE LAW, USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HEX GAME IS PROVIDED
"AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AN
D HEX ENTERTAINMENT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT
TO THE HEX GAME, either express, implied or statutory, including, but not limite
d to, the implied warranties and/or CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-IN
FRINGEMENT OF THIRD PARTY RIGHTS.
(c). HEX Entertainment does not warrant against interference with your enjoyment
of the HEX Game and Services, that the functions contained in, or services perf
ormed or provided by, the HEX Game will meet your requirements, that the operati
on of the HEX Game will be uninterrupted or error-free, that any services will c
ontinue to be made available, that the HEX Game will be compatible or work with
any third party software, applications or third party services, or that defects
in the HEX Game or Services will be corrected.
5. Limitation of Liability Indemnity. NEITHER HEX ENTERTAINMENT NOR ITS PARENT
, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE O
F ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIM
ITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFU
NCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER HEX ENTERTAINM
ENT NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR AN
Y LOSS OR DAMAGE TO PLAYER CHARACTERS, DIGITAL OBJECTS, VIRTUAL GOODS OR CURRENC
Y, ACCOUNTS, STATISTCS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED
BY THE HEX GAME, GAME CLIENT, AND/OR SERVICES. HEX ENTERTAINMENT SHALL NOT BE R
ESPONSBILE FOR ANY INTERRUPTIONS OF SERVICE, INCLDUING WITHOUT LIMITATION ISP DI
RUPTIONS OF SERVICE, INCLDUING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR H

ARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRU
PTION OF SERVICE. IN NO EVEN WILL HEX ENTERTAINMENT BE LIABLE TO YOU FOR ANY IN
DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event sh
all HEX Entertainment's liability, whether arising in contract, tort, strict lia
bility or otherwise, exceed (in the aggregate) the total fees paid to and/or don
ated by you to HEX Entertainment in order receive an invite to participate in th
e Alpha Release.
You hereby agree to defend, indemnify and hold HEX Entertainment harmless from a
nd against any claim, liability, loss, injury, damage, cost or expense (includin
g reasonable attorneys' fees) incurred by HEX Entertainment arising out of or fr
om your use of the HEX Game. Some states do not allow the exclusion or limitati
on of incidental or consequential damages, so the above limitations may not appl
y to you.
6. Equitable Remedies. You hereby agree that HEX Entertainment will be irrepar
ably damaged if the terms of this Agreement were not specifically enforced, and
therefore you agree that HEX Entertainment shall be entitled, without bond, othe
r security, or proof of damages, to appropriate equitable remedies with respect
to breaches of this Agreement, in addition to such other remedies as HEX Enterta
inment may otherwise have available to it under applicable laws.
E. Dispute Resolution; Governing Law; Severability, Etc.
1. Informal Negotiations. To expedite resolution and control the cost of any di
spute, controversy or claim related to this Agreement, except as expressly provi
ded below, ("Dispute"), you and HEX Entertainment agree to first attempt to nego
tiate any Dispute informally for at least thirty (30) days before initiating any
arbitration or court proceeding. Such informal negotiations commence upon writ
ten notice from one person to the other. HEX Entertainment will send its notice
to billing address provided upon registration, and if no billing address is pro
vided (specifically in relation to the Services in the Alpha Release), the notic
e will be send to the email address provided by you. All notices to HEX Enterta
inment shall be sent to: HEX Entertainment, 25351 Commercentre Drive Suite 250
Lake Forest, CA 92630.
2. Binding Arbitration. If you and HEX Entertainment are unable to resolve a Di
spute through informal negotiations, either you or HEX Entertainment may elect t
o have the Dispute finally and exclusively resolved by binding arbitration. Any
election to arbitrate by one party shall be final and binding on the other part
y. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE I
N COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of American Arbitration Association ("AA
A") and, where appropriate, the AAA's Supplementary Procedures for consumer Rela
ted Disputes ("AAA Consumer Rules"). The determination of whether a Dispute is
subject to arbitration shall be governed by the Federal Arbitration Act and dete
rmined by a court rather than an arbitrator. Your arbitration fees and your sha
re of arbitrator compensation shall be governed by the AAA rules and, where appr
opriate, limited by the AAA Consumer Rules. The arbitration may be conducted in
person, through the submission of documents, by phone or online. The arbitrato
r will make a decision in writing. The arbitrator must follow applicable law, a
nd any award may be challenged if the arbitrator fails to do so. Except as othe
rwise provided in this Agreement, you and HEX Entertainment may litigate in cour
t to compel arbitration, stay proceedings pending arbitration, or to confirm, mo
dify, vacate or enter judgment on the award entered by the arbitrator.
3. Restrictions to Arbitration Proceedings. You and HEX Entertainment agree tha
t any arbitration shall be limited to the Dispute between HEX Entertainment and
you individually. To the full extend permitted by law, (a) no arbitration shall
be joined with any other; (b) there is no right or authority for any Dispute to
be arbitrated on a class action basis or to utilize class action procedures; an
d (c) there is no right or authority for any Dispute to be brought in a purporte
d representative capacity on behalf of the general public or any other persons.
4. Exceptions to Informal Negotiations and Arbitration. You and HEX Entertainme
nt agree that the following disputes are not subject to the above provisions con

cerning informal negotiations and binding arbitration; (a) any Disputes seeking
to enforce or protect, or concerning the validity of, any of your or HEX Enterta
inment's intellectual property rights; (b) any Dispute related to, or arising fr
om, allegation of theft, piracy, invasion of privacy or unauthorized use; and (c
) any claim for injunctive relief.
In the event any litigation is brought by either party in connection with this A
greement, the prevailing party in such litigation shall be entitled to recover f
orm the other party all the costs, attorneys' fees and other expenses incurred b
y such prevailing party in the litigation.
5. Location of Arbitration. If you are a resident of the United States, any ar
bitration will take place at any reasonable location convenient for you, however
, if outside of Los Angeles County, California, the arbitration proceedings may
be limited to submission of document, by phone or online. For residents outside
the United States, any arbitration shall be initiated in Los Angeles County, Ca
lifornia, United States of America. Any Dispute not subject to arbitration, or
where no election to arbitrate has been made, shall be decided by a court of com
petent jurisdiction within Los Angeles County, California, United States of Amer
ica, and you and HEX Entertainment agree to submit to the personal jurisdiction
of that court.
6. Governing Law. Except as otherwise set forth herein, this Agreement will be
governed by and construed in accordance with the laws of the State of California
, without regard to choice of law principles. This application of the United Na
tions Convention on Contracts for the international Sale of Goods is expressly e
xcluded. For users outside the United States, other laws may apply if you choos
e not to agree to arbitrate as set forth above; provided, however, that such law
s shall affect this Agreement only to the extent required by such jurisdiction.
In such a case, this Agreement shall be interpreted to give maximum effect to t
he terms and conditions hereof.
7. Severability. If for any reason a court of competent jurisdiction finds any
provision, or portion thereof, to be unenforceable, the remainder of this Agreem
ent shall continue in full force and effect.
8. Complete Agreement. This Agreement constitutes the entire agreement between
the parties with respect to the use of the Services licensed hereunder and supe
rsedes all prior or contemporaneous understandings regarding such subject matter
, provided, however, that this Agreement shall coexist with, and shall not super
sede, the HEX: Shards of Fate End User Software License. To the extent that the
provisions of this Agreement conflict with the provisions of the HEX: Shards of
Fate End User Software License, the conflicting provisions in this Agreement sh
all govern. If any provision of this Agreement is found to be unenforceable, th
at provision shall be severed and the remainder of the Agreement shall be given
full force and effect.
9. Governing Language. Any translation of this Agreement is done for local req
uirements and in the event of a dispute between English and any non-English vers
ions, the English version of this Agreement shall govern.
F. Termination
1. This Agreement is effective until terminated. Your rights under this Agreem
ent will terminate automatically without notice from HEX Entertainment if you fa
il to comply with any term(s) of this Agreement. HEX Entertainment may terminat
e this Agreement, at any time, for any reason, at its sole discretion, which inc
ludes deactivating your Account, and/or discontinuing the Service.
2. You may terminate this Agreement, for the Alpha Release, at any time by prov
iding HEX Entertainment with written notification. Upon termination by you, no
moneys will be refunded.
3. Upon the termination of this Agreement, you must cease all use of the Servic
es, and destroy any HEX Entertainment owned intellectual property including but
not limited to the Game Client, any downloaded data, graphics or music from the
HEX Game.
By clicking "I Accept":

(1) You acknowledge that you have read the terms of this Agreement in its entire
ty;
(2) You agree to be bound by the terms of this Agreement;
(3) You agree to be bound by the applicable terms of the Code of Conduct, Privac
y Policy, and HEX: Shards of Fate End User Software License; and
(4) You are authorized and able to accept this Agreement.
IF YOU DO NOT AGREE to the terms of this Agreement, click the "I Decline" button
and do NOT register an Account.
Updated October 8, 2013