TERMS OF SERVICE
Please read these Terms of Service carefully before using Phyrix NetWork Inc.’s Services.
By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with Phyrix Inc. (“Phyrix”). These Terms of Service apply to all users of the “Fairy/Phyrix Network” which is defined as, but is not limited to the following: 1) the Fairy/N Server for Minecraft, 2) the phyrixnetwork.craftingstore.com website and store, (3) each of the Phyrix Games and Mini-Games available on the Phyrix server, Fairy is only FullEdits games, and (4) all features and functionalities as well as components of each of them, whether they are accessed through a computer. If you do not completely agree to these Terms of Service then you must not use any of our Services.
1) Definitions
“Account” means any account cracked or premium that you create to access certain Services.
“Dispute” means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Phyrix, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“In-App Purchases” means purchases available for purchase through the Services.
“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.
“Notice” means a delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address, and will be effective upon receipt.
“Privacy Policy” means Phyrix policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.
“Service” (or “Services”) means the Phyrix Network and any other website, game, device, platform, content, and other related products and services provided by Phyrix and Phyrix Affiliates, including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Phyrix game client, and Phyrix game clients and server software.
“Terms of Service” (or “Terms”) means the terms and conditions in this agreement
“User Content” means any and all data that you upload, transmit, or create through the Services, including without limitation character skins, buildings, forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.
“Phyrix” means, Phyrix Inc. References to “Us,” “We,” or “Our” means Phyrix, 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. Phyrix does not include Phyrix Affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Phyrix Affiliate” (or “Phyrix Affiliates”) means Phyrix’s third-party content providers, distributors, licensees, or licensors.
2) Payment and In-App Purchases
a. In-App Purchases are owned by Phyrix and are not your property. Phyrix may manage, regulate, control, modify or eliminate all In-App Purchases at any time, without Notice or announcement and without payment to you. Phyrix shall have no liability to you or any third party if Phyrix exercises any such rights.
b. ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-APP PURCHASES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. NOTWITHSTANDING THE FOREGOING, HYPIXEL MAY IN ITS SOLE DISCRETION ISSUE A REFUND TO YOU IF YOU HAVE, WITHIN SIXTY (60) DAYS, COMPLETED ALL PURCHASED CONTENT AND PROVIDED AN APPROPRIATE REASON FOR REQUESTING SUCH REFUND.