Fracture

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://www.fracture-online.com (AKA Fracture Entertainment LLC), sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Fracture Entertainment LLC.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Fracture Entertainment LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

The last update to our Terms of Service was posted on February 1, 2013.

Definitions
The terms "us" or "we" or "our" refers to Fracture Entertainment LLC, the owner of the Website.

A "Visitor" is someone who merely browses our Website, but has not registered as Member.

A "Member" is an individual that has registered with us to use our Service.

Our "Service" represents the collective functionality and features as offered through our Website to our Members.

A "User" is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Fracture Entertainment LLC reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Fracture Entertainment LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Cancellations
No refunds available on domains and third party products purchased by Fracture Entertainment LLC on behalf of the customer. Every effort will be made to make the third party purchase available to the customer upon leaving however if this is not possible Fracture Entertainment LLC will retain the product.

Certain game servers provided by Fracture Entertainment LLC have certain Terms Of Service that dictate the manner in which the server is run set by the game creator. It is the customers responsibility to ensure that these terms are met and the server is run in the manner described in these terms. Fracture Entertainment LLC will not be held responsible for service changes initiated by a third party as a result of improper server settings.

All Cancellations must be initiated through the Client Area through the “Request Cancellation” page.

Cancellation requests received within 7 days of invoice renewal date will not be refunded.

Cancellation funds will be returned via the payment method within 7 days of the refund being actioned.

Fracture Entertainment LLC reserves the right to cancel or suspend services upon receiving complaints and feedback about possible abuse.

Full refund available up to 3 days after purchase, from that point on not available.

Cancellation of credit will be returned by an agreed payment method and cancellation fee applied.

Cancellation of credit applied to account from the Affiliated Program or Clan Pay systems cannot be paid out.

Promotions
Fracture Entertainment LLC reserves the right to adjust the end date of any promotion at any time.

Data Backup and Retention
Fracture Entertainment LLC takes all reasonable efforts to protect your Data frequently, Fracture Entertainment LLC however does not guarantee the accuracy of the back up data. You are responsible for making sure you have your files backed up.

Routine Maintenance
Fracture Entertainment LLC conducts routine maintenance which may include some down time to services. This maintenance will be displayed on our Network Status page.

Server DDOS
In the event your service is targeted for DDOS attack, if the duration of the attack extends over 12 hours Fracture Entertainment LLC has the right to terminate your account and will refund any money paid during that months billing cycle.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Phoenix, Arizona, and shall be governed by and construed in accordance with the laws of Phoenix, Arizona, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Fracture Entertainment LLC under our Legal Terms shall survive the termination of our Legal Terms.