Welcome to MyXyla.com, where you can purchase fun and exciting games at a great price! We want to make your experience here as safe, enjoyable, and informative as possible. Therefore we ask that you review the following Terms & Conditions carefully. By using this web site you agree to abide by these Terms & Conditions. Please check the main page of this web site and these Terms & Conditions frequently as they may change.
Web Site Content
All web site content, including but not limited to text, code, visual or audio media, photographs and images are wholly owned by Xyla Entertainment LLC (“Xyla”), its affiliates, and its third party licensors, and are protected by applicable U.S. and International Copyright laws. The unauthorized use of any web site content is prohibited and may subject the infringer to civil and criminal liability to the extent possible by law.
The Xyla trademarks, trade names and logos are the intellectual property of Xyla. All other trademarks, logos, or trade names used on this site are the property of their respective owners. Reproduction of any trademark, logo, or trade name on this web site without permission from the owner is prohibited to the extent possible by applicable law.
All games and content embodied in the games available for purchase through this site are site are wholly owned by Xyla. By purchasing any game, you agree to the following:
- We prohibit any copying, reproduction, and circumvention of technology of the games beyond the terms of this license. The games are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of any game is contingent upon your compliance with these Terms & Conditions.
- Upon payment of the applicable purchase price, you are hereby granted the non-exclusive, non-transferrable, revocable, and limited right to license one copy of the game for your personal, non-commercial use.
- You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the game. In addition, you may not reverse engineer, decompile, or disassemble any part of the game files downloaded. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or intellectual property contained in any game purchased on this site.
- Absent a valid distribution Agreement between you and Xyla, you may not make any game purchased on this site available on any third party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the games. You further agree that you will not link to any such third party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by Xyla or its distributors.
For your convenience we provide a number of purchase options, including direct purchase through our website. We have partnered with numerous vendors to ensure that you enjoy a satisfying purchase experience. However, we are not responsible for the availability of any external sites or resources. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites. This includes (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on those third party sites or resources.
The games sold on our website are DRM free. As a result we rely heavily on the good will and honesty of the player community when we issue refunds. You will have up to 24 hours from the time of sale to obtain a full or partial refund for a game you’ve purchased through our website. Refunds may not be issued in all instances, and we reserve the right to refuse to issue a full or partial refund for any reason.
To request a refund you must log in to your account and visit the Support section of your profile. Requests for refunds should include the reason you are requesting that refund.
By requesting a refund you acknowledge that any license granted to you through the valid purchase of the game expires upon the issuance of a full or partial refund. You agree to delete any and all copies of that game and all related game files from any system on which it has been installed upon our issuing the refund.
This refund policy and the DRM-free versions of our games only apply to games purchased through the MyXyla.com website. We are not responsible for nor do we have any control over refund policies or DRM attached to games purchased through third party vendors.
LIMITATION OF LIABILITY
• All Information, Content, Services, And Material Available In The Games Purchased Through The MyXyla.com Website Are Provided On An “As Is” Basis. To The Full Extent Applicable By Law, We Disclaim Any Warranties Or Representations Of Any Kind, Express Or Implied, Including Any Warranty Of Merchantability Or Fitness For A Particular Purpose. We Do Not Warrant The Non-Infringement Of Intellectual Property Or Proprietary Rights.
• Your Purchase And Use Of Any Game Is Done So At Your Own Risk. We Do Not Warrant That Your Ability To Enjoy Any Game Or This Website Will Be Timely, Secure, Uninterrupted, Or Defect-Free. In No Event Will Xyla (Including Its Officers, Directors, Employees, Or Agents) Nor Its Affiliates Be Liable For Direct, Indirect, Incidental, Special, Exemplary, Or Consequential Damages (Including But Not Limited To Lost Profits, Loss Of Business, Procurement Of Substitute Goods Or Services, Loss Of Use Or Loss Of Data, Or Business Interruption) However Caused And On Any Theory Of Liability, Whether In Contract, Strict Liability, Or Tort Arising In Any Way Out Of Purchase Or Use Of Any Game or This Site.
• In Addition, Xyla And Its Licensors And Distributors Disclaim Any And All Warranties With Respect To The Privacy And Integrity Of The Computer Resources You Use To Operate The Software. Neither We Nor Our Licensors Or Distributors Shall Be Liable For Any Disruptions, Delays Or Other Omissions In Any Connection, Data Exchange Or Other Interaction That You May Experience When You Use This Site or Any Game Purchased On This Site. Neither We Nor Our Licensors Or Distributors Shall Be Responsible For The Conduct Of Any Users Or Computers That Connect, Exchange Data, Or Otherwise Interact With You Or Your Computer As A Result Of Your Use Of This Site.
DMCA Safe Harbor
To the extent possible under U.S. and International Law, Xyla is not liable for any copyright infringement arising from any materials posted, shared, uploaded or otherwise transmitted on this web site, including advertisements, user generated content or other third party content. However, under U.S. law and the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If you believe that your copyrights are being violated by materials found on this web site, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the web site, including a verifiable link to the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.
The above information should be provided to Xyla’s Registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
Dispute Resolution Policy
You agree to follow this web site’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your use of this web site.
- Informal Negotiations. Parties to a dispute concerning this Agreement or the use of this web site will attempt to informally negotiate a potential settlement or resolution to the dispute;
- Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
- Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of Tempe, Arizona.
- Domicile of this web site. This web site is controlled, owned, and operated in the city of Trenton, New Jersey. If you access this web site from any other location in the world you do so at your own risk and you are responsible for the compliance of your own jurisdiction’s laws and regulations.
- Jurisdiction and Choice of Law. The validity, interpretation, and performance of these Terms & Conditions are governed and controlled by the laws and regulations of the state of New Jersey. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the state and federal courts of Trenton, New Jersey.
- Severability. If any portion of these Terms & Conditions is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of these Terms & Conditions which can be given effect without the invalid portion.
- Notification of Changes to this Agreement. We may from time to time change these Terms & Conditions. You agree that notification to you of these changes will be effective upon posting those notifications and changes on this web site. You may also elect to receive these notifications via e-mail by providing your contact information. Xyla is not liable for failure of notification in the event that the contact information provided by you is incorrect, outdated, or inactive.