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Helbreath Xtreme

Registration Terms

1. Agreement between User and Xandium Studios
These terms and conditions of use, together with our privacy policy and guidelines and all supplemental terms (as amended from time to time), other documents and policies that are expressly referenced within these terms and conditions (the "Terms"), govern your use of any Xandium Products (as defined below) made available by Xandium to you ("you"/"yours")

The Xandium Product (as defined) is made available to you in accordance with these Terms by Xandium Studios ("Xandium", "we", "our", "us")

Please read these terms carefully, and keep a copy of them for your reference. These terms form a legally binding contract between you and us. By downloading, browsing, installing, accessing, or using a Xandium Product in any way, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you should not create an account in relation

2. Definitions
"Xandium Product(s)" means the applicable mobile and online PC platform versions of the games "Helbreath Xtreme" (also known as "HelbreathX" or "HBx") and such other games and platform versions as Xandium may make available to you from time to time (whether existing now or in the future) pursuant to these Terms and which shall include any authorized software needed to operate these games and access the platforms, all updates, additional content and localized versions thereof and any other related products, websites, applications or services made available by Xandium). THE ONGOING SUPPLY OF ANY PARTICULAR XANDIUM PRODUCT IS NOT GUARANTEED. XANDIUM PRODUCTS HAVE AGE RESTRICTIONS.

References to "Stopping" or to "Stop" an Account includes temporarily or permanently disabling, suspending, banning or muting an Account. If your Account is muted, you can continue to play but will not be able to use free text chat. If your Account is disabled or banned, you will not be able to access your Account and any licenses previously granted to you to use the Xandium Products will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME ITEMS OR CURRENCY. SUBSCRIPTION CREDIT CONTINUES TO EXPIRE IF ACCOUNTS ARE STOPPED. More information about when Xandium may Stop your Account can be found in section 11 of these Terms.

"Subscriber" is used to describe a user of a Xandium Product who pays a fee to obtain enhanced features of that Xandium Product. More information about subscriptions can be found in section 12 of these Terms.

"User Content" means all information of any kind (including remarks, suggestions, ideas, graphics, text, images, video, information and messages) communicated, posted, uploaded, or sent by users (whether Subscribers or free players) on or in connection with Xandium Products (including any user content created in game such as the particular appearance of a character). Xandium Products may include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of User Content.

"Virtual Currencies" is used to describe the in-game currencies that can be purchased in certain Xandium Products. More information can be found in section 13 of these Terms.

Other terms are defined in context below.

3. Changes to these Terms

Xandium reserves the right, in its sole discretion, to change the Terms under which Xandium Products are offered.

Please check the Terms whenever you use a Xandium Product. We will treat your continued use of a Xandium Product as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes you should cancel your Account and if applicable subscription before the renewal date.

4. Electronic Communications

Visiting the Sites or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing.

5. Children under Thirteen

Xandium Products have age restrictions which prevent users who are under 13 years of age from creating an Account. You may not create an Account or use the Xandium Product if you are under the age of 13 and it is a violation of our Terms to register an Account on behalf of someone under this age.  We do not knowingly collect or store any personally identifiable information from children under 13. If we find out that any personally identifiable information we have collected is from someone under 13, we will Stop the Account.

6. Safety and Abuse

You should be aware of the potential risks of using a service which includes extensive User Content. User Content may be inaccurate, out of date or otherwise inappropriate. We cannot guarantee that users will comply with our Terms, rules or otherwise behave appropriately. You should not assume that a person is who he or she claims to be. In your own interests, you should not attempt to contact any user outside a Xandium Product.

If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you should report such inappropriate behavior to us via the in game "Report abuse" button as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the relevant Xandium Products. Alternatively, please contact our customer support team.

We are under no obligation to actively monitor and/or moderate User Content. We do however undertake very limited monitoring detailed below.

Anti-Cheat Technologies

We may use anti-cheat technologies in relation to the Xandium Products. When you connect online to a game server, these technologies may activate and monitor your game play, the files on your computer associated with the Xandium Product or that otherwise access our servers, and your computer's memory, purely for the purposes of detecting and preventing cheating.

If any of these anti-cheat technologies detect cheating, we may collect relevant information necessary for our investigation and enforcement purposes, including your Account name, details about the unauthorized third party program and the Xandium Product files modification detected, and the time and date it was detected. We also may terminate these Terms, your access to the Xandium Products, and your Xandium Account if we determine you have been cheating.

Chat Monitors

We do not actively monitor chat between users. We have systems that monitor chat for certain keywords and provide us with a selection of high-risk User Content to review.

We also review chat logs if we have a reasonable suspicion that a user may be contemplating suicide or harming other users or third parties. We may supply chat logs to relevant civil and criminal authorities in line with our Privacy Policy.

7. Your Account and License

To use many features of Xandium Products, we require you to create an Account and, in relation to some platform versions of Xandium Products, download and/or, install certain authorized software on your device. You may be required to create an Account before downloading and installing any software. We grant valid Account holders a non-exclusive, non-transferable, non-sub-licensable, personal, limited license, which can be revoked at any time, to access and use the Xandium Products and (as applicable) to download and use our software and install the Xandium Products on a device and to connect to our servers solely to use Xandium Products for personal and non-commercial purposes and subject at all times to your strict compliance with these Terms. To be clear, we consider the creation of an Account in order to access any authorized software in order to understand, decompile, reverse engineer, copy, reproduce, or transmit such authorized software as being outside the scope of "personal and non-commercial use". We reserve all other rights, including all right, title and interest in the Xandium Products and associated intellectual property rights. You may not otherwise use, decompile, reverse engineer, copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share, or make available to any person, or create derivative works of the Xandium Product. Further you may not use any automation tools, macros, bots, auto-typers, and tools to circumvent any technical mechanisms or protections in place, share, sell or buy any other Accounts, or participate in any way whatsoever in any real-world trading, use multiple Accounts to break any of these Terms, exploit any known faults or bugs in the Xandium Products or authorized software, impersonate any employee, officer or agent of Xandium, persuade or attempt to persuade (including procuring others to persuade) other users to share any Account information, run or attempt to run any types of games of chance whether in the Xandium Product or in the real world using any part of the Xandium Product (including any Virtual Currencies); encourage others whether directly or indirectly to break any of these Terms; use inappropriate language or behavior including any action that may be considered offensive, racist, obscene, discriminatory; nor ask for any personal details of other users; advertise other websites in the Xandium Product or any Xandium authorized forums or social media platforms.

Except as provided in these Terms, use of the Xandium Product does not grant you any right, title, interest or license to any such intellectual property you may access through the Xandium Products. Except as provided in these Terms, any use or reproduction of the Xandium Products or intellectual property therein is strictly prohibited.

THE XANDIUM PRODUCTS AND ANY ASSOCIATED SOFTWARE ARE LICENSED TO YOU, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP TO THE XANDIUM PRODUCTS OR SOFTWARE.

When setting up an Account for a Xandium Product, you may be asked to choose a username that will be used to identify you to other users. For example, a Xandium Product character name or forum display name. We reserve the right (at our sole and absolute discretion), to change any username for any reason or take such other action as we believe appropriate.

You agree to keep your password safe at all times and not to disclose it to any other person. You are fully responsible for all activities on your Account (including the activities of all persons who use your password to gain access to your Account or who use the device on which the Xandium Product or related software is installed and/or downloaded) and for complying with any licenses granted in these Terms and for any software. You are expressly prohibited from allowing anyone else to use your Account or to play or access the Xandium Product on your behalf. We reserve the right to Stop immediately your Account if someone else uses it. You must use your password in accordance with the password requirements specified in the rules of the Xandium Product. XANDIUM STAFF WILL NEVER ASK YOU FOR YOUR PASSWORD.

We do not guarantee Xandium Products will be secure or free from bugs or viruses.

You must not attempt to gain unauthorized access to the Xandium Product, the server on which the Xandium Product is stored, or any server, computer or database connected to the Xandium Product. You must not attack the Xandium Products via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use and licenses granted in these Terms to the Xandium Product will cease immediately without notice from us.

If you believe that someone has stolen your password or you believe you have lost or had stolen the device upon which the Xandium Product or related software is installed or accessible or you believe that someone other than you has gained access to your Account, you should immediately submit an Account recovery request via the Xandium Product's main menu. You will remain responsible for your Account until you have notified us.

8. Intellectual property rights, ownership, and restrictions

You must not create or provide any other means by which any Xandium Product may be played by others (including, without limitation, replacement or modified client/server software or server emulators).

You acknowledge that all intellectual property and other rights in any Xandium Product, including without limitation any game character, Account, content, Virtual Currency and virtual items in the Xandium Products are and will remain the property of Xandium and/or its licensors. As part of the license granted under these Terms, you are only granted limited non transferrable, non-sub-licensable permission (which can be revoked at any time) to use such content or Xandium Product, subject to and in accordance with these Terms and solely for your personal and non-commercial use.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE, OR OTHER PROPRIETARY INTEREST IN ANY XANDIUM PRODUCT OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF XANDIUM. Xandium does not permit any: (a) transfers of virtual items or Virtual Currency which take place outside the rules of a Xandium Product; or (b) transfers of Accounts; or (c) sale, gift or trade in the real world of anything that appears or originates in a Xandium Product.

Xandium reserves the right to stop offering a Xandium Product or a particular part of a Xandium Product at any time either permanently or temporarily, at which point any license granted to you to use the Xandium Product or a part thereof will be automatically terminated or suspended and your Account Stopped. In such event, Xandium shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Xandium Product unless required by law.

9. User Content

You acknowledge that you will be responsible for whatever User Content you submit and you, not Xandium, will have full responsibility for the User Content, including its legality, reliability, appropriateness and originality and compliance with all applicable laws and regulations. You will comply with and be bound by the Terms relating to User Content, as set out in section 10 below.

We reserve the right without notice or refund, to monitor, record, suspend, remove or delete User Content, and/or suspend or permanently disable your Account, and/or to disclose to the relevant authorities any User Content if: (a) it is the subject of a complaint; (b) if we consider or suspect that that it breaches or may breach our Terms (including our content standards policy) or the rules of a Xandium Product; (c) if we consider that such steps are necessary to protect us or others; (d) a criminal act or civil wrong has been committed; or (e) we are required to do so by law or an appropriate authority.

If you wish to notify Xandium of a complaint in relation to User Content (including an allegedly defamatory statement), whether contained, as applicable, on our website, or in relation to a Xandium Product in any format and you believe such User Content, breaches the Terms set out in section 10, please email our [customer support team](https://forum.helbreathx.net/support/) and you will need to provide the following information:

  1. Your contact details, including your full name, player name (if applicable), your postal address, telephone number and email address.
  2. The full details of the material complained about and the reasons for the complaint.
  3. The exact and full url where you found the material and a screenshot of the in-game material;
  4. If the request relates to copyright or other intellectual property, provide proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or an authorized representative of the rights holder.

 

You have the ability to remove User Content which you have posted on a Xandium Product forum. This can be done through the editing features within the Xandium Product. If you would like assistance with this, please contact Xandium via the customer support section of the relevant Xandium Product website, application, or device as applicable. You should be aware that removing User Content from public display may not ensure the complete or comprehensive deletion of the posted User Content.

10. Content Standard Policy

You shall ensure that all User Content created or posted by you satisfies the requirements set out in this section 10. These requirements apply in addition to our web page specific User Content policies, such as any policies on Xandium forum posts, in-game chat and private messaging or other policies published on our websites from time to time.

In addition to agreeing to comply with the letter of these provisions, you also undertake to comply with the spirit behind it. You must not encourage or assist any other user to breach these provisions. You are solely responsible for your User Content including any User Content you place on any wiki or forum or other third-party content sharing or social site.

User Content:

  • Must:
    • be accurate, complete, uploaded or sent in good faith and compliant with all applicable laws, regulations, and codes of conduct; and
    • only be uploaded or sent if you own the rights in such content, have appropriate permission from the rights owner, or are otherwise authorized by law.
  • Must Not:
    • be obscene, hateful, inflammatory, threatening, intentionally misleading, harassing, sexually explicit or deceptive, or fraudulent in anyway;
    • promote violence or discrimination, promote or endorse any illegal activity, or otherwise be objectionable;
    • be defamatory or an invasion of an individual's right to privacy;
    • infringe the intellectual property or other rights of any third party, including copyrights, trademarks, database rights, any rights of confidentiality, or any similar rights;
    • attempt to or purport to spread information that is false or inaccurate or misleading;
    • attempt to or purport to impersonate any person or misrepresent your identity, affiliation, or connection to any other person;
    • include hyperlinks or connections to third party websites;
    • contain viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs, or similar computer code designed to affect the operation of any computer software, hardware, or network;
    • reveal details that enable you or anyone else to be identified or contacted outside of the game (e.g. last name, postal/email address, or telephone number);
    • have any commercial purpose;
    • involve junk mail, spam, pyramid selling, or similar schemes; or
    • consist of any other content that, in our opinion breaches or may breach the spirit of or intention behind any of the above "must nots".

 

You agree that by submitting any material of any kind to us (including but not limited to posting chat) for any purpose connected with any Xandium Product (for examples, suggestions and ideas for any game or contributions to any gallery page), you are giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), publish, and distribute such User Content for any purpose including the making available of such User Content to third parties, provided that Xandium may not use User Content in violation of the Privacy Policy. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore, you warrant and represent that you are the exclusive copyright and intellectual property rights holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.

Any User Content you upload to a Xandium Product will be considered non-confidential and non-proprietary. You warrant and represent that any User Content you upload is your original content, does not contain any third-party personal data, and that you have all necessary rights and consents to provide us with such User Content.

You undertake and acknowledge that you shall have no ownership or other proprietary interest in the Xandium Product or User Content that you create, except as expressly stated within these Terms. You undertake, acknowledge and agree that any interest in any elements of the User Content that represent, comprise, derive or are based upon any intellectual property rights which exist within the Xandium Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork images, animation, sounds, musical compositions, audio-visual effects, or text), including without limitation copyrights, trademarks, and other intellectual properties therein and/or related thereto, whether or not registered or registerable, are owned by, or for the benefit of Xandium and its licensors.

11. Xandium Stopping your Account

If, acting reasonably, we consider that:

  1. Our Terms or any Xandium Product rules - have or may have been breached or will be breached; and/or
  2. there has been fraudulent, unlawful or abusive activity; and/or
  3. it is necessary in order to prevent or stop any harm or damage to us, to any Xandium Product, to other players, the general public, or to you (if for example we feel you are spending an excessive amount of money on virtual items and content relating to any Xandium Product) then:

 

In our sole discretion, we may at any time: (i) Stop (as defined above) any or all of your Accounts for Xandium Products; (ii) restrict access to any content-uploading or other feature of the Xandium Product or related services; and/or (iii) restrict access to or delete Virtual Currency or anything acquired by means of Virtual Currency. These actions may result in loss of real money paid in prohibited transactions, such as Account trading. If we take any of the above action, you may have a right of appeal. Details can be found [here](https://forum.helbreathx.net/support-articles/records/account-status/ban-appeal/)

WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY XANDIUM PRODUCT OR THAT THE XANDIUM PRODUCT AND ANY RELATED SERVICES AND CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER SUCH XANDIUM PRODUCTS, RELATED SERVICES AND CONTENT FOR A PARTICULAR LENGTH OF TIME. UPON REASONABLE NOTICE TO YOU (AND WITHOUT REASON), XANDIUM MAY STOP ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.

12. Subscriptions and Cancelations

You need a subscription to use certain features of Xandium Products. If you apply for a subscription, you must ensure all the information that you submit is true and accurate (including, without limitation, where requested, your credit/debit card number and expiration date, and other payment details), and that you have appropriate parental or guardian consent if you are under 18 years of age. You agree to pay all subscription fees specified when you apply including all applicable taxes.

By submitting your order you are making an offer to subscribe to the relevant part of the Xandium Products. Your offer is accepted and a binding contract occurs when: (i) we send a message to your Account mail inbox confirming that your payment has been received, or (ii) you log into a Subscribers-only part of a Xandium Product (whichever comes first).

ALL SUBSCRIPTION PAYMENTS WILL CONTINUE TO BE TAKEN IN ADVANCE AT THE RELEVANT INTERVALS (E.G. MONTHLY IN THE CASE OF MONTHLY SUBSCRIPTIONS OR MONTHLY FOLLOWING AN INITIAL FREE TRIAL PERIOD WHERE INDICATED AND AGREED) UNTIL YOU CANCEL YOUR SUBSCRIPTION.

We reserve the right to alter the amount or Terms of our subscription fees at any time. This will only apply to Subscribers, who, following the change, take out new subscriptions or re-subscribe (their previous subscriptions having expired) and specifically agree to the new fees/terms in accordance with these Terms. For existing Subscribers who subscribed prior to the change in the subscription fee amounts and/or terms being implemented, then provided the existing Subscriber's subscription has not expired or terminated or the nature and type of their subscription has not altered, such Subscribers will not be bound by such subsequent changes.

We reserve the right to charge you for any unauthorized use of your subscription by third parties.

Canceling your subscription

You may cancel your subscription at any time by clicking the link here.

Upon cancelation you will not be charged any further subscription fees. No payments already made in respect of subscriptions (including advance subscription payments made with periods remaining unused) or virtual currencies or items will be refunded (wholly or partly) but you can of course use up any unused subscription credit in the Account.

13. Virtual Currencies

In certain Xandium Products, you may be given the opportunity to purchase a license (or in our sole discretion, acquire a license as a free promotion) of Virtual Currencies. Virtual Currencies can be redeemed (i.e. used) to acquire certain digital goods/services in the Xandium Product, which we describe below as "Items". If you obtain a license to use such Virtual Currency from Xandium, you must check that they have been correctly credited to your Account and tell us immediately if not. If you confirm you wish to purchase or acquire a license to such Virtual Currencies, we will only be legally bound to provide you with such a license of the Virtual Currencies if we (or our third party operators) subsequently notify you of our acceptance in response to your confirmation and only once the Virtual Currencies are made available as part of the Xandium Product.

You agree that when you obtain your Virtual Currencies from us or our authorized partners, you receive a personal, limited, non-transferable, non-sub-licensable, non-exclusive, revocable license to access and select the rights and entitlements that Xandium expressly makes available to you associated with such Virtual Currencies and only in respect of the applicable Xandium Product. The Virtual Currencies are licensed to you and not sold. Any license granted is subject to your strict compliance with these Terms.

Virtual Currency can only be redeemed within the world of the relevant Xandium Product where you acquired them. Each Xandium Product may contain one or more Virtual Currencies and unless otherwise stated, each Virtual Currency is independent and is not exchangeable for any other Virtual Currency in the same Xandium Product. WE MAY AT ANY TIME IN OUR SOLE DISCRETION CHANGE OR REMOVE ANY ITEM WHICH CAN BE ACQUIRED USING VIRTUAL CURRENCY, AS WELL AS CHANGE THE AMOUNT OF VIRTUAL CURRENCY NEEDED TO ACQUIRE A PARTICULAR ITEM. You may only redeem Virtual Currency for Items on offer at the time of redemption.

Virtual Currency do not have any inherent monetary value and are not your own private property. When you purchase or acquire the license to use Virtual Currency, you do not own the Virtual Currency. Instead they constitute an element of your license in the relevant Xandium Product. Similarly, any Virtual Currency balance shown in your Account does not constitute a real-world balance or reflect any stored monetary value in any real-world currency.

We do not provide any cash or refunds for Virtual Currency or Items (except as required by law) and Virtual Currency and Items do not have any real-world monetary value. Virtual Currency are for your personal use only and as part of your Account with the relevant Xandium Product. You must not sell, transfer, trade, or exchange them (whether by itself or by transferring your Account), or make them available to anyone else or attempt to do so, or encourage anyone else to do any of these things outside of the officially sanctioned mechanisms to do so within the Xandium Product (if applicable). Virtual Currency and Items can never be redeemed for real world money, goods, or any other item of monetary value, and cannot be inherited. We may impose additional restrictions concerning the acquisition or redemption of Virtual Currency and Items. For example, we may cap the amount of Virtual Currency which can be acquired, held or redeemed in any particular period or we may impose restrictions based on your country of residence. CERTAIN ITEMS MAY ALSO ONLY BE AVAILABLE TO SUBSCRIBERS.

FOR THE AVOIDANCE OF DOUBT, VIRTUAL CURRENCIES HAVE NO CASH VALUE, DO NOT ACCRUE INTEREST AND, UNLESS OTHERWISE REQUIRED BY LAW, ARE NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM XANDIUM AT ANY TIME.

Xandium reserves the right to restrict access to, delete, reduce, or liquidate Virtual Currency: (1) if you have misused the Virtual Currency; (2) if you have breached or may breach any of these Terms; (3) if the Virtual Currency were awarded in error; (4) if a payment for Virtual Currency is charged back or otherwise canceled or reversed; or (5) if you have used Virtual Currency to conduct any fraudulent or illegal activity.

Xandium reserves the right to restrict access to or delete Items: (1) if you have misused the Items; (2) if you have breached or may breach any of these Terms; (3) if the Items were purchased using Virtual Currency awarded in error; or (4) if a payment for Virtual Currency used to purchase the Items is charged back or otherwise canceled or reversed. In addition, Items that have been acquired by the redemption of Virtual Currency may expire after a period of time. In addition, Items may have particular restrictions, or be consumed or extinguished in the course of your use of a Xandium Product.

WE MAY AT ANY TIME DECIDE TO END IN PART OR ITS ENTIRETY THE VIRTUAL CURRENCY PROGRAM FOR ALL OR ANY OF OUR XANDIUM PRODUCTS. BEFORE WE DELETE THE UNUSED VIRTUAL CURRENCY, WE WILL ENDEAVOR TO CONTACT YOU TO GIVE A REASONABLE TIME PERIOD IN WHICH TO REDEEM THEM.

You agree that we are not responsible for and provide no guarantee relating to the necessary use or registration of any lost Virtual Currency whether they are deleted by you, or lost through any virus, bug, glitch, or similar error.

14. Refund Policy

We are happy to review requests for refunds on a case by case basis.

Unless required by law, we will not refund any amounts paid in relation to subscriptions or Virtual Currency when:

  • You have been the victim of in-game scamming.
  • You have been Stopped from a Xandium Product for violating these Terms including any rules of a Xandium Product or the User Content policy.
  • You have been using unauthorized software to access the Xandium Product.
  • Xandium stops offering the Xandium Product.
  • You decide to cancel your subscription or Account.

If, after reading the above, you wish to request that we consider a refund, then please visit the Support section of the applicable Xandium Product website for assistance, providing as much information as possible. Support can be accessed here. Please note, refunds are given at the sole discretion of Xandium (however your statutory rights are unaffected).

15. Functioning of Xandium Products

We will use reasonable endeavors to maintain the operation of the Xandium Products and rectify faults as quickly as possible. Xandium reserves the right to modify, including by way of regular updates, the Xandium Products and we may have to suspend operation of a Xandium Product without notice for repair, maintenance, improvement, security, or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions, or errors caused by circumstances outside our reasonable control (see section 23 below).

Third Party Software

Some Xandium Products require additional software, known as "client software" in order to operate on certain devices. Xandium provides this client software for free on the relevant Xandium Product websites. Xandium recognizes that for some Xandium Products, alternative software may exist ("Third-Party Software"). Xandium does not recommend, endorse, or authorize the use of such Third Party Software with the relevant Xandium Product. Third-Party Software will never be available for download on any Xandium approved websites.

Xandium does however, currently tolerate such Third- Party Software to be used by users to access the relevant Xandium Product provided such Third-Party Software complies with any rules or guidance issued by Xandium, and such guidance shall be wholly within the sole discretion of Xandium. Xandium gives no warranties or representations in relation to any Third-Party Software and does not grant a license; any license to the user for such Third-Party Software is granted by the relevant third party who has provided the Third-Party Software.

Further, users who use such Third-Party Software do so at their own risk and accept that any warranties and representations whether contained in these Terms or implied by statute shall to the maximum extent applicable by law, not apply in respect of the Xandium Product when used in any way with such Third-Party Software.

Xandium expressly reserves the right, at any time, to restrict user access to the Xandium Product, if Third-Party Software is used by the user in relation to the Xandium Product and to require all users to use only Xandium authorized client software thereafter. In such circumstance, Xandium shall use its reasonable endeavor to ensure all users are notified in advance and given a reasonable opportunity to download and install Xandium authorized client software.

We cannot guarantee that any Xandium Product will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular non-Xandium approved software or connectivity services. We do not accept responsibility for such equipment, software, or services. We also do not guarantee that the Xandium Product can be accessed in all geographic locations.

We cannot guarantee the ongoing supply of any particular Xandium Product.

16. Third Party sites and technologies

XANDIUM PRODUCTS MAY INCLUDE LINKS TO INTERNET SITES OR OTHER TECHNOLOGIES SUPPLIED BY THIRD PARTIES INCLUDING SITES/TECHNOLOGIES WHICH ENABLE YOU TO PAY BY MEANS OF PAYMENT METHODS PROVIDED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY SITES TECHNOLOGIES OR THEIR CONTENT, PRODUCTS, OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.

ANY THIRD-PARTY SITES OR TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED, OR VERIFIED BY XANDIUM. XANDIUM DOES NOT GUARANTEE THAT ANY SUGGESTED TECHNOLOGIES WILL WORK ON YOUR COMPUTER OR BE VIRUS FREE. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND XANDIUM IS NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST, OR INCONVENIENCE CAUSED BY THE SUGGESTED SITES OR TECHNOLOGIES. XANDIUM WILL NOT PROVIDE SUPPORT FOR ANY SITES OR TECHNOLOGIES WHICH ARE NOT ITS OWN. XANDIUM EXERCISES NO CONTROL OVER THE COPYRIGHT, PATENT, OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED SITES OR TECHNOLOGIES.

17. Our and Your legal responsibility

XANDIUM PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE PROVIDE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE A XANDIUM PRODUCT AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT A XANDIUM PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING, OR VIRUSES. ACCORDINGLY, XANDIUM IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OF THE XANDIUM PRODUCT OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE XANDIUM PRODUCT. WE ALSO MAKE NO GUARANTEE THAT THE XANDIUM PRODUCTS WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES. WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE, OR SERVICES.

XANDIUM EXPRESSLY DISCLAIMS LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS. BY USING A XANDIUM PRODUCT OR SERVICES OFFERED BY XANDIUM, YOU AGREE TO WAIVE ANY LEGAL DUTY OF CARE OWED TO YOU BY XANDIUM, TO THE MAXIMUM EXTENT ALLOWED BY LAW.

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A XANDIUM PRODUCT OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE} THE MONETARY AMOUNT EQUIVALENT TO THE SUBSCRIPTION FEES, RELATING TO THE XANDIUM PRODUCT, ACUTALLY PAID BY YOU TO XANDIUM DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT XANDIUM'S LIABILITY FOR ANY LOSS OR DAMAGE, TO THE EXTENT THAT SUCH LIABILITY CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.

YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF A XANDIUM PRODUCT.

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

PLEASE NOTE THAT WE ONLY PROVIDE XANDIUM PRODUCTS FOR PERSONAL USE. YOU AGREE NOT TO USE THE XANDIUM PRODUCTS FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR ANY INDIRECT OR CONSEQUENTIAL LOSS.

NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

18. How we may use your Personal Information

We will use your personal data as set out in Our Privacy Policy.

RULES ABOUT LINKING TO XANDIUM PRODUCTS

You may link to our home page or provide links to a Xandium Product's page within a third party app store or other third party site or platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or the reputation of our products and services.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on a Xandium Product other than that set out above, please contact us at the relevant page.

19. Location Alerts and Notifications

A Xandium Product may allow access to or make available opportunities for you to view certain content and receive other products, services, and/or other materials based on your location. To make these opportunities available to you, the Xandium Product will determine your location using one or more reference points, such as GPS, Bluetooth, and/or software within your device. If you have set your device to disable GPS, Bluetooth, or other location determining software or do not authorize the Xandium Product to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the Xandium Product uses and retains your information, please read our Privacy Policy.

We may provide you with emails, text messages, push notifications, alerts, and other messages related to the Xandium Product, such as enhancements, offers, products, events, and other promotions. After downloading the Xandium Product or software, you may, depending upon the device, be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Xandium Product, you may opt out by changing your notification settings on your device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@helbreathx.net.

You agree to receive pre-programmed notifications on the Xandium Product from merchants if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).

20. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

21. Class Action Waiver

Any arbitration under these Terms and Conditions 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'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 Xandium 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.

22. General

Xandium reserves the right, in its sole discretion, to terminate your access to Xandium Products and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of Xandium Products. Use of Xandium Products is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Xandium as a result of this agreement or use of Xandium Products. Xandium's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Xandium's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Xandium Products or information provided to or gathered by Xandium with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Xandium with respect to Xandium Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Xandium with respect to Xandium Products. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement 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 this agreement and all related documents be written in English.

23. Force Majeure

Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict, or terrorist attack, nuclear, chemical, or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses and acts of God. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again. For so long as such force majeure event is continuing, our corresponding obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period in excess of four months, we may terminate access to the Xandium Products immediately on service of notice to you.

24. Complaints

If you are dissatisfied with a Xandium Product or any aspect of it, please contact us via the customer support section of the Xandium Product website here. If you are unhappy with the outcome of your complaint, please email the owner of Xandium here providing the following information: your name, username, email address, the full details of your complaint, Xandium's previous response to your complaint and why you disagree with the outcome. Please write in the subject line "Customer Support Complaints Team".

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