Terms and Conditions

Terms and Conditions 2023

When you access https://GamesGrid.gg or any webpage that Native Digital Ireland Ltd (the “Owner”) provides (collectively, the “Sites”), you agree to these Terms of Use and all additional Rules of any games, chat rooms, forums, or other services made available from time to time on the Sites. Altogether, these Terms of Use and any Rules are known as the “Terms”. If you do not agree, or if you fail to follow the Terms, you can be denied access to the Sites without notice. The terms “we”, “us” or “our” shall refer to GamesGrid. The terms “you”, “your”, or “User” shall refer to any individual or entity who accepts this Agreement, has access to your account, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. REGISTRATION AND USE OF PASSWORD

We may require each user to have a unique user name and password combination in order to use the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store. As part of the registration process, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns. PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.

2. MODIFICATIONS

Conclusion of contract, free licence agreement As a user, you conclude a contract with us for the free use of Games via the browser (“Licence Agreement”). The Licence Agreement may be terminated by us and by you at any time without cause and the Services may be discontinued at any time without cause. We only offer our Games to persons who are at least 16 years old. Persons younger than this are not permitted to use our games. The license agreement is free of charge. In addition to the free licence agreement referred, we may offer chargeable services against payment (“Premium Services”). As a user, you have the choice to use these services or not. Before using these services, you will be informed of your obligation to pay by means of a clear marking, and you must expressly confirm your use if any. Further details and information on the Premium Services, in particular on the conclusion of the contract, on the description of the respective Premium Services, on the fee will be set out on the relevant order page. Licence agreements are concluded with Native Digital Ireland Ltd of 12 Millbank Business Park, Lucan, Co. Dublin, K78 CF75, Ireland as the contractual partner. Further information about us, in particular our contact details, commercial register number, and the names of the persons authorised to represent us can be obtained at request from [email protected]. Accounts You may also create a user account (“Account”). In this account, you can change your data and manage the games. An Account can be created either on our game portal or on the respective website of the Game. An account is not transferable, whether for a fee or free of charge, without our express consent. As a user, you can only have one Account. You can log in to your Account via the website. Multiple accounts by you (“multi-accounts”) are prohibited and may be punished with an immediate blocking or with an extraordinary termination of the licence agreement. Any claims by you are excluded in this case. As a user, you undertake to keep the log-in data, passwords, and access data (together “access data”) for your account secret and to inform us immediately as soon as you become aware or suspect that unauthorised third parties are aware of the access data. In this case, you will change your data or have it changed by us. In such a case, we also have the right to temporarily block your access. You are to be re-admitted as a user as soon as the suspicion of misuse of the access data by you or third parties has been dispelled at our discretion. If a third party uses an account because they have obtained your access data through your fault, you will be treated as if you had acted yourself. If we suspect that access data has become known to third parties, we are entitled, but not obliged, to change the access data or block the account without prior notice. We will inform you of this immediately and send you new access data within a reasonable period on request. Further claims by you as a result of the temporary blocking of your account or change of your access data are excluded. Inactive accounts can be deleted by us in accordance with the respective game rules. The licence agreement will then automatically end. Accessibility We guarantee an accessibility of the games of 98% on an annual average. This does not include periods of regular maintenance of the Games, which is only possible in offline mode, and periods in which the Games cannot be accessed due to force majeure, external manipulation or other problems beyond our control or that of our vicarious agents. We shall only be liable for the inaccessibility of the Games to the extent that intent or gross negligence is involved or due to injury to life, body or health. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms of use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms of use. You should periodically review this Agreement, and any applicable Additional Terms, Rules and the Privacy Policy.

3. OWNERSHIP OF INTELLECTUAL PROPERTY

The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, items, graphic material, databases, Applications, proprietary information, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of GamesGrid and its Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under EU State law, as well as applicable foreign laws, regulations, and treaties.

4. ADVERTISING

From time to time, during your use of the Site, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”). All such communication, interaction, and participation is between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts, or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

5. AGREEMENT TO DEAL ELECTRONICALLY

All transactions with or through the Site or GamesGrid may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record. Required technical equipment The use of the ‘Games’ is only possible by means of software installed locally on your computer, tablet, smartphone, or other end devices (“End Device”) and an Internet connection. This includes an Internet browser, a connection to the Internet, an operating system, any plug-ins, e.g., Java or Flash, and any clients required to use the Game. The costs for this software and its use as well as the costs arising from the Internet connection are borne by you. It is your responsibility to keep the end device in a condition that enables the use of the games. We do not provide support for this.

6. RULES OF CONDUCT

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts, and omissions that occur in, from, through, or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to: be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”; unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; disrupt the normal flow of Communities (as defined below) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users’ ability to participate in Communities; contact anyone who has asked not to be contacted; “stalk” or otherwise harass anyone; violate any laws, regulations, judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so. Your obligations As a user, you are responsible for ensuring that the information you provide to us during registration and in connection with the use of the services is true and complete. You undertake to inform us immediately of any changes to the data and to confirm the correctness of the data on request. You undertake to comply with the provisions of these Terms and Conditions, to follow our instructions and those of our employees and our vicarious agents. As a user, you will refrain from doing anything that endangers or disturbs the operation and functioning of the games and the pleasant cooperation between the users. In particular, you are prohibited from choosing a user name that infringes the rights of third parties (in particular copyrights, personal rights, trademark rights, company rights, etc.) or offends common decency, e.g. offends the religious feelings of third parties, is racist or discriminatory. We expressly distance ourselves from such behaviour. choosing an e-mail or internet address as a username, use, post, publish or link to any bullying, threatening, harassing, abusive or defamatory material on any third party website, whether such material relates to other users, our employees or any other person or entity, discriminatory content (e.g. hate speech against groups of persons, in particular on the basis of race, ethnic origin, religion, disability, gender, age, veteran status or sexual orientation), political, immoral, pornographic, morally reprehensible, offensive, violent, glorifying violence, sexist, right-wing or left-wing extremist content or against laws, to use, post, publish or link to such material on a third party website or to advertise, offer or distribute such content or products that violate laws, in particular youth protection laws and the Protection of Minors, violate applicable laws or incite violations of the law or link to corresponding postings publish, reproduce, make publicly available or distribute protected content, in particular to infringe industrial property rights (e.g. copyright, trademark, patent, design or utility model rights), advertise, offer or distribute goods or services, engage in or promote any anti-competitive activity, including progressive solicitation (such as chain, snowball or pyramid schemes), solicit other users to provide personal data for commercial or unlawful purposes or to provide access data, organise or advertise (including by link) commercial activities and/or sales of third parties, e.g. advertisements, competitions, prize draws, swaps, pyramid schemes, to reproduce or make publicly available an image of another person without the written consent of the person concerned to publish personal data and confidential data without being authorised to do so, use the services for commercial purposes, publish or distribute content which causes damage to networks, servers or other infrastructure components, disrupts their operation or accesses them (e.g. distribution of worms, Trojans, viruses, spyware, password phishing, etc.). We are entitled to delete user-generated content. This applies in particular to content that violates these Terms and Conditions. Security As a user, you are not entitled to use mechanisms, software, programs, or other routines that could disrupt our systems. You may not take any measures that could lead to an unreasonable overload of the systems. The use of special software, in particular for the systematic or automatic control of the games or individual game functions (bots, macros), for the reproduction or evaluation of the games, is not permitted. It is prohibited to exploit bugs or errors in the programming of the games and in the course of the game, which could represent an advantage for the user, for one’s own purposes, and/or for the purposes of third parties. If you discover bugs, you will report them to us immediately. If bugs or errors are deliberately exploited, this may result in termination of the licence agreement without notice and deletion of the account. It is prohibited to use software that enables “data mining” or otherwise collects information related to the Games. If you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in our sole and absolute discretion, and we reserve the right to disable embedded links at any time without notice.

7. LIMITED NON-COMMERCIAL LICENSE TO USE SITE

GamesGrid hereby grants you a limited license to use the Site only for the purposes of accessing, viewing or playing content, posting or submitting User Material (as defined in the Agreement), using the embedded link function, placing product orders or for accessing information, Applications (as defined herein) and services solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print, or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of GamesGrid. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws.

8. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES

We may provide users the opportunity to register for special promotions, services, news, programming, and information delivered via text messaging and other wireless devices such as mobile phones. Users must provide their consent to receive such information by complying with the specific terms related to such offering. Information that may be requested for specific promotions includes, without limitation, a user’s preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy and/or Additional Terms or Rules. Under no circumstances will GamesGrid or any Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address. You understand, acknowledge, and agree that we may, at our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of such terminations or changes on this Site. Data protection Information about the type, scope, location, and purpose of the collection, processing, and use with regard to the contract and the personal data required for the execution of orders, as well as for the newsletter dispatch by us, as well as your right to information and the right to correction, blocking, and deletion can be found in the data protection regulations.

9. THIRD-PARTY MATERIALS; LINKS

Certain Site functionality may make available access to information, products, services, and other materials (including, without limitation, advertisements and promotional material) made available by third parties (including, without limitation, through techniques such as iFrames), including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by GamesGrid with respect to any Third Party Materials including, without limitation, any cookies or web beacons for whatever purposes pursued. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Content of the service We provide the games and other services within the scope of our technical and operational possibilities. The services of the games are open to users who have a licence agreement and therefore have an account. All games, services, premium services, items, or currencies offered by us are revised and updated at our discretion in order to keep them attractive to the largest possible circle of users. We reserve the right to discontinue the operation of the Games or parts thereof without giving reasons. In the event that incorrect offers are made to you, e.g., due to technical problems or due to disruption of the service by the intervention of third parties or similar events, we expressly reserve the right to contest the contract, if such a contract was concluded at all, and to reclaim the services granted to you against reimbursement of the amount paid by you, if any, in particular, to reclaim Premium Points granted. You have the same right as a user. YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).

10. DISCLAIMER AND LIMITATIONS OF LIABILITY THIS SITE, AND ALL MATERIALS, PRODUCTS, AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, MATERIALS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND MATERIALS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, GamesGrid ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY GamesGrid OR ANY OF ITS AFFILIATES OR AGENTS SHALL BE, AT GamesGrid’ OPTION,

(1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON GamesGrid; OR (

2) REFUND OF THE AMOUNT THAT YOU PAID TO GamesGrid. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Warranty for Defects and Limitation of Liability With the licence agreement, you as a user are given the opportunity to use the games in their current version. You are aware that the games offered by us, like any software, can never be completely free of defects. Defects discovered by you must be reported immediately upon discovery. Defects based on external influences, operating errors on your part, or force majeure are excluded from the warranty. You undertake to cooperate as far as possible in the rectification of defects in the games. In principle, any liability on our part is excluded and shall only take place in accordance with the following provisions. We shall only be liable for damages and reimbursement of futile expenses (“damages”) due to breach of contractual or non-contractual obligations in the following cases in the event of intent or gross negligence, in the event of negligent or intentional injury to life, limb or health, in the event of negligent or intentional breach of essential contractual obligations, due to the assumption of a guarantee of quality, on the basis of other mandatory liability. Damages for the breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract unless caused by intent or gross negligence or based on liability for injury to life, body, or health or the assumption of a quality guarantee or based on product liability. The above limitations of liability also apply with regard to the personal liability of our employees, shareholders, representatives, bodies, and their members, community managers, moderators, supporters, and vicarious agents. A change in the burden of proof to your disadvantage is not associated with the above provisions. We expressly distance ourselves from the content of all pages to which there are direct or indirect references (so-called “links”) to our offer. We do not assume any liability for these contents and pages. The providers of the respective pages are responsible for the contents of these pages.

11. ASSUMPTION OF RISKS AND MATURE CONTENT YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT GamesGrid OR ANY OF ITS AFFILIATES OR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

12. INDEMNITY

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold us and the Affiliated Entities harmless including their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

13. TERMINATION

This Agreement is effective until terminated. We may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including, without limitation, if GamesGrid determines in its sole discretion that you have not adhered to the Rules of Conduct or if GamesGrid believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and GamesGrid may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Term of contract and termination The Licence Agreement between you and us shall be concluded for an indefinite period of time unless otherwise stipulated by us in the specific offer. Different provisions may apply to the provision of Premium Services if offered. If a specific term has not been agreed for the Licence Agreement, it may be terminated at any time without giving any reason. No reasons need to be given for the termination of the License Agreement. Both our and your right to terminate the Licence Agreement at any time for good cause shall remain unaffected. We are entitled in particular, but not exclusively, to terminate the License Agreement for cause if you culpably violate the rules of the game, laws, or these Terms and Conditions despite a warning; you commit a criminal offense or you are in breach of this Agreement and fail to remedy the breach despite being requested to do so within a specified period of time or repeat the breach despite being given a warning. For technical reasons, the final deletion of the account and your user data may take place after a delay of several days. In the event of an ordinary termination on your part or termination by us for good cause, you may not demand the return of the fees paid by you when the termination becomes effective if any.

14. GOVERNING LAW; ARBITRATION

The terms of this Agreement are governed by the laws of Ireland, without regard to its principles of conflicts of law, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND GamesGrid, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YOU AND GamesGrid ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The place of arbitration will be Ireland and the language of the proceedings will be English unless the parties decide otherwise. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

15. COPYRIGHT INFRINGEMENT CLAIMS

If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by courier, mail, or e-mail, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you can send us a counter-notice. Notices and counter-notices must be sent in writing to 12 Millbank Business Park, Lucan, Dublin K78 CF75, Ireland, or by e-mail to [email protected]. We suggest that you consult your legal advisor before filing a notice or counter-notice. 16. MISCELLANEOUS This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and GamesGrid. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and GamesGrid relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and GamesGrid relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting on the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, 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. GamesGrid will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.