END-USER LICENSE AGREEMENTРусская версия
END-USER LICENSE AGREEMENT
THIS WEBSITE AND/OR PLATFORM (AS DEFINED BELOW) IS OPERATING THE GAMING SOFTWARE OF LEDORIUS LTD AND OTHER DEVELOPERS UNDER A LICENSE. A CONDITION TO YOUR DOWNLOADING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW) IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE.
PLEASE READ THIS AGREEMENT CAREFULLY TO MAKE SURE YOU FULLY UNDERSTAND ITS CONTENT. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION.
BY ACCEPTING THE TERMS AND CONDITIONS (INCLUDING BY TICKING THE I AGREE BOX) (ACCEPTANCE), YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ALSO CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCEPT THE TERMS AND CONDITIONS AND DO NOT CONTINUE TO DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE OR THE SERVICES OFFERED AT THIS WEBSITE AND/OR PLATFORM.
1. DEFINITIONS AND INTERPRETATION
The following words and terms, when used in this agreement (Agreement), shall have the following meanings, unless the context clearly indicates otherwise:
Assistance Programs means any artificial intelligence including, without limitation, robots and/or any other computer generated program used to interact with the Software in aid or in place of a player.
Expload, Us, We, Our and similar terms mean LEDORIUS LTD a company incorporated under the laws of the Republic of Cyprus, under registration number HE 380399 and with registered address at 6 Georgiou Katsounotou, 3036, Limassol, Cyprus.
IP Rights means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, database rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.
Online Game means a software product, related services and gaming activities offered on the Website.
Player Account means a personal account opened by an individual and maintained with Us to enable that person to play the Online Games.
Software means the software required to be downloaded, accessed or otherwise utilized by You from or via the Website for the purpose of participating in the Online Games, including the related documentation and including any enhancements, modifications, additions, translations or updates to such software.
Vendor means Expload, or a third party developer, or a service provider making Online Game available to You via the Website or the Platform.
Website and/or Platform mean expload.com and related platform accessible via the Website on which the Online Games are made available, and available to be used on any operating system including, without limitation, iOS, Windows and Linux. In this Agreement, the terms Website and Platform shall be used interchangeably.
You, "Your and similar terms mean the user of the Software downloaded from the Website and/or Platform.
2. SUBJECT MATTER OF AGREEMENT
IMPORTANT NOTICE: THE PLATFORM OPERATES IN A TEST MODE AS BETA SOFTWARE. EXPLOAD AND ITS VENDORS BEAR NO LIABILITY WHATSOEVER IN RELATION TO THE PLATFORMS FUNCTIONALITY, OPERATIONS, ANY ERRORS ON THE WEBSITE AND/OR PLATFORM, THE SOFTWARE OR THE ACCOUNT. BY USING THE PLATFORM, YOU CONFIRM THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED ALL THE PROVISIONS OF THIS AGREEMENT. INCLUDING DISCLAIMERS IN CLAUSE 6, LIMITATION OF LIABILITY IN CLAUSE 11 AND BETA SOFTWARE LICENSE IN CLAUSE 13 HEREIN.
2.1. You become a subscriber of the Website and/or Platform (Subscriber) by completing the registration of a Website and/or Platform user account. This Agreement takes effect as soon as You indicate Your acceptance of these terms.
2.2. As a Subscriber You may obtain access to certain services, software and content available to Subscribers. The client software and any other software, content, and updates You download or access via the Website and/or Platform, including but not limited to Our or third-party video games and in-game content, and any virtual items You trade, sell or purchase through the Website and/or Platform are referred to in this Agreement as Content and Services; the rights to access and/or use any Contents and Services accessible through the Website and/or Platform are referred to in this Agreement as Subscriptions.
2.3. Some Subscription may be subject to additional terms specific to that Subscription (Subscription Terms), made available at the time of access to the relevant Content and Services, as well as otherwise published on the Website and/or Platform, including but not limited to, rules describing how to play the Online Games and any other rules governing particular game and/or event. All such rules are incorporated and included under the terms and conditions set out herein. The Subscription Terms and any such additional provisions are binding on You once You indicate Your acceptance of them or of this Agreement, or otherwise become bound by them as described in this Agreement.
2.4. When You complete the registration process, You create an account on the Website and/or Platform (Account). Your Account may also include billing information You provide to Us for the purchase of Subscriptions, Content and Services. You may not reveal, share or otherwise allow others to use Your password or Account except as otherwise specifically authorized by Us. You are responsible for the confidentiality of Your login and password and for the security of Your computer system. We are not responsible for the use of Your password and Account or for all of the communication and activity on the Website and/or Platform that results from use of Your login name and password by You, by any person to whom You may have intentionally or by negligence disclosed Your login and/or password in violation of this confidentiality provision. Unless it results from Our negligence or fault, We are not responsible for the use of Your Account by a person who fraudulently used Your login and password without Your permission. If You believe that the confidentiality of Your login and/or password may have been compromised, You must notify Us via the support form available at the Website and/or Platform without any delay.
2.5. Your Account, including any information pertaining to it (e.g.: contact information, billing information, Account history and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use Your Account, or otherwise transfer Your Account, nor may You sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms) or as otherwise specifically permitted by Us.
3. LICENSE TO USE THE SOFTWARE; RESTRICTIONS
3.1. We hereby grant You a limited, personal, non-transferable, non-exclusive, worldwide (except as noted below) license to download, access and otherwise utilize the Software on Your device, in order to play the Online Games, in accordance with this Agreement.
3.2. This license applies only to the object code of the Software (i.e., the compiled, assembled, or machine executable version of the Software) and does not grant You any rights whatsoever with respect to the source code of the Software.
3.3. We reserve any and all rights not expressly granted in Section 3.1 above. In addition, You are not permitted to, and You agree not to permit or assist others to:
(a) use, copy, modify, create derivative works from or distribute the Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;
(b) decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it;
(c) transfer, loan, lease, assign, rent, or otherwise sublicense the Software;
(d) remove any copyright, proprietary or similar notices from the Software (or any copies of it);
(e) operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of bulletin board, online service or remote dial-in, application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services;
(f) copy or translate any user documentation provided online or in electronic format;
(g) enter, access or attempt to enter or access or otherwise bypass Our security system or interfere in any way (including but not limited to, robots and similar devices) with the Website and/or Platform or attempt to make any changes to the Software and/or any features or components thereof; or
(h) use any Assistance Programs in connection with the Software and/or the Online Games. You are prohibited from any interaction within the Online Games that is not the direct result of You personally utilizing the Software for the purpose for which it was intended.
3.4. You acknowledge and agree that We may take steps to detect and prevent the use of Assistance Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on Your device. You agree that You will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps. Any attempt to restrict Us in this matter will entitle Us to immediately suspend the availability of the Software to You.
3.5. You acknowledge and agree that all IP Rights, title and interest in and to the Software, including in and to any modification, enhancement, adaptation, translation or other change of or addition to the Software, belong exclusively to Us and Our Vendors, as applicable, even if developed based on ideas, suggestions or proposals by You or any other third party. By accepting this Agreement, You irrevocably assign to Us all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trademark, trade secret or know how, and You agree to sign and deliver to Us such documents as We consider desirable to evidence or effect the assignment of all of the aforesaid rights. You agree not to, directly or indirectly, attempt to invalidate for any reason whatsoever, or assert, or assist the assertion by others, that the rights, title or interest in the Software belong to any third party other than Us, or that they infringe the IP Rights of others.
4. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
4.1. When You provide payment information to Us or to one of Our payment processors, You represent to Us that You are the authorized user of the card, PIN, key or account associated with that payment, and You authorize Us to charge Your credit card or to process Your payment with the chosen third-party payment processor for any Subscription, Wallet funds or other fees incurred by You. We may require You to provide Your address or other information in order to meet Our obligations under applicable tax law.
For Subscriptions purchased based on an agreed usage period, where recurring payments are made in exchange for continued use (Recurring Payment Subscriptions), by continuing to use the Recurring Payment Subscription You agree and reaffirm that We are authorized to charge Your credit card (or Your Wallet, if funded), or to process Your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If You have purchased any Recurring Payment Subscriptions, You agree to notify Us promptly of any changes to Your credit card account number, its expiration date and/or Your billing address, or Your PayPal or other payment account number, and You agree to notify Us promptly if Your credit card or PayPal or other payment account expires or is cancelled for any reason.
If Your use of the Website and/or Platform is subject to any type of use or sales tax, then We may also charge You for those taxes, in addition to the Subscription or other fees. The European Union VAT (VAT) tax amounts collected by Us reflect VAT due on the value of any Content and Services or Subscription.
You agree that You will not use IP proxying or other methods to disguise the place of Your residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to Your geography, or for any other purpose. If You do this, We may terminate Your access to Your Account and charge the respective amounts to You (Your Account).
4.2. As the Account holder, You are responsible for all charges incurred, including applicable taxes, and all purchases made by You or anyone that uses Your Account, including Your family or friends. If You cancel Your Account, We reserve the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before We will allow You to register again.
4.3. We will make available to You an account balance associated with Your Account denominated in [Game Tokens] (Wallet). The Wallet is neither a bank account nor any kind of payment instrument. It functions as a prepaid balance to purchase Subscriptions, Content and Services. The Wallet can be prepaid [by way of purchasing Game Tokens] with credit card, prepaid card, promotional code, or any other payment method accepted by Us. By authorising such prepayment, You agree entirely with the terms of purchase of Game Tokens, as well as all respective fees and charges applicable to such transaction, as will be displayed to You at the moment of performing such transaction.
The nominal value of each Game Token shall be clearly displayed on the Website and/or Platform, and shall be notified to You prior to purchase.
[Within any twenty-four (24) hour period, the total amount stored in Your Wallet plus the total amount spent out of Your Wallet, in the aggregate, may not exceed the equivalent of [?] Game Tokens attempted deposits into Your Wallet that exceed this threshold may not be credited to Your Wallet until Your activity falls below this threshold. We may change or impose different Wallet balance and usage limits from time to time.]
You will be notified by email of any change to the Wallet balance and usage limits within sixty (60) days before the entry into force of the said change. Your continued use of Your Account more than thirty (30) days after the entry into force of the changes, will constitute Your acceptance of the changes. If You dont agree to the changes, Your only remedy is to terminate Your Account or to cease use of Your Wallet. We shall not have any obligation to refund any credits remaining on Your Wallet in this case.
You may use the Wallet funds to purchase Subscriptions, Content and Services including by making in-game purchases where Wallet transactions are enabled. Funds added to the Wallet are non-refundable and non-transferable. Wallet funds do not constitute a personal property right, have no value outside the Platform and can only be used to purchase Subscriptions, Content and Services (including but not limited to games and other applications offered through the Website and/or Platform). Wallet funds have no cash value and are not exchangeable for cash.
4.4. We may include one or more features or sites that allow You to trade, sell or purchase certain types of Subscriptions (for example, license rights to virtual items) with, to or from other Subscribers (Subscription Marketplaces). By using or participating in Subscription Marketplaces, You authorize Us, on Our own behalf or as an agent or licensee of any third-party creator or publisher of the applicable Subscriptions in Your Account, to transfer those Subscriptions from Your Account in order to give effect to any trade or sale You make.
We may charge a fee for trades or sales in a Subscription Marketplace. Any fees will be disclosed to You prior to the completion of the trade or sale.
If You complete a trade, sale or purchase in a Subscription Marketplace, You acknowledge and agree that You are responsible for taxes, if any, which may be due with respect to Your transactions, including sales or use taxes, and for compliance with applicable tax laws. Proceeds from sales You make in a Subscription Marketplace may be considered income to You for income tax purposes. You should consult with a tax specialist to determine Your tax liability in connection with Your activities in any Subscription Marketplace.
You understand and acknowledge that We may decide to cease operation of any Subscription Marketplace, change the fees that We charge or change the terms or features of the Subscription Marketplace. We shall have no liability to You because of any inability to trade Subscriptions in a Subscription Marketplace, including because of discontinuation or changes in the terms, features or eligibility requirements of any Subscription Marketplace.
You also understand and acknowledge that Subscriptions traded, sold or purchased in any Subscription Marketplace are license rights, that You have no ownership interest in such Subscriptions, and that We do not recognize any transfers of Subscriptions (including transfers by operation of law) that are made outside of the Website and/or Platform.
4.5. In some cases, We may offer a free Subscription to certain services, software and content. As with all Subscriptions, You are always responsible for any Internet service provider, telephone, and other connection fees that You may incur when using the Website and/or Platform, even when We offer a free Subscription.
4.6. We may provide links to other third party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that You may pay to Us. We may also provide access to third-party vendors, who provide content, goods and/or services on the Website and/or Platform or the Internet. Any separate charges or obligations You incur in Your dealings with these third parties are Your responsibility. We make no representations or warranties, either express or implied, regarding any third party site. In particular, We make no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.
4.7. Without prejudice to any statutory rights You may have, You can request a refund for Your purchases on the Website and/or Platform in accordance with the terms of Our Refund Policy available at the Website and/or Platform.
5. YOUR DUTY TO EXAMINE LEGALITY OF USE
You confirm that You are of a legal age in Your country of residence, and in any event of legal age as determined by the laws of the country where You are located. You undertake to examine the legality of Your participation in the Online Games and use of the Software in each jurisdiction that is applicable to You and to do the same only in compliance with all applicable laws and orders of any competent authority.
6. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS MADE AVAILABLE TO YOU HEREUNDER ON AN AS IS' BASIS, WITHOUT ANY UNDERTAKINGS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
WE AND THE VENDOR, AND ALL OF THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, WE AND THE VENDOR DO NOT WARRANT, AMONG OTHER THINGS, THAT (A) THE SOFTWARE WILL BE NON-INFRINGING, (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE; (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR (D) USE BY YOU OF THE SOFTWARE WITH ANY OTHER SOFTWARE, OR WITH INAPPROPRIATE HARDWARE, WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE OR TO SUCH OTHER SOFTWARE.
IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE VENDOR NOR THEIR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM SUCH ERRORS.
NEITHER WE NOR OUR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR PAYMENTS MADE TO YOU AS A RESULT OF A DEFECT OR ERROR IN THE SOFTWARE, OR IN CONNECTION WITH ANY CLAIM OR DEMAND MADE BY THE VENDOR OR ANY THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS.
You hereby acknowledge that it is not in Our control how the Software is used by You. You load and use the Software at Your own risk and in no event shall We be liable to You for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Our negligence).
The Software includes non-public and confidential information, which is secret and valuable to Us or the Vendor. You agree, as long as You use the Software and thereafter, to (a) keep all such confidential information strictly confidential; (b) not to disclose such confidential information to a third party, and not to use such confidential information for any purpose other than participating in the Online Games. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information.
8. YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent to Us that:
8.1. You have examined the legality of Your use of the Platform and participation in the Online Games and use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal in such jurisdictions under all applicable laws and orders of any competent authority;
8.2. You have included accurate details when opening the Account and are the legal owner of the payment instrument used to fund Your Wallet; and
8.3. You are of a legal age in Your country of residence.
9. CHANGES TO THIS AGREEMENT
9.1. We may make changes to this Agreement at any time, at Our sole discretion. Such changes will take effect from the date specified by Us on the Website and/or Platform, whether or not We have notified You specifically of such changes. It is important, therefore, that You log in to the Website and/or Platform from time to time to check to see whether there is a notification of change.
9.2. You agree to be solely responsible for becoming informed of such changes. If You continue to use the Software or the Online Games after the effective date of certain changes (regardless of the way We have notified such changes), You agree to be bound by those changes whether or not You have had actual notice of, or have read, the relevant changes. If You do not agree to be bound by relevant changes, You should not continue to use the Software or the Online Games any further.
10. TERM AND TERMINATION
10.1. This Agreement is effective, and binding upon You, from the moment of Your Acceptance, and shall remain in force unless terminated in accordance with the provisions hereof.
10.2. You may terminate this Agreement with immediate effect at any time, subject to the terms of clause 10.4. by sending Us written notice of the termination of Your participation on the Website and/or Platform and the Online Games and closure of Your account with Us.
10.3. We may terminate this Agreement with immediate effect at any time, by written notice to You.
10.4. Upon any termination of this Agreement, whether by Us or by You, You agree and acknowledge that (i) Your rights to use the Software shall immediately terminate, and (ii) You will cease any and all use of the Software, (iii) any amounts outstanding from You to Us become immediately due and payable and (iv) You will remove the Software from Your computer, hard drives, networks and other storage material.
11. LIMITATION OF LIABILITY
You are free to choose whether to download and use the Software. If You do so, You acknowledge that You do it with the full understanding of this Agreement, including the provisions of this Section 11, and at Your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EXPLOAD, ITS VENDORS, NOR THEIR AFFILIATES, NOR ANY OF THEIR SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR:
(a) LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES;
(b) ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; OR LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA; or
(c) ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS AGREEMENT, HOWSOEVER ARISING UNDER CONTRACT OR ANY THEORY OF LAW, FOR DAMAGES EXCEEDING THE LOWER OF (A) THE AMOUNT DEPOSITED BY YOU WITH US AND USED BY YOU FOR GAMING PURPOSES, OR (B) 100 (ONE HUNDRED EUROS).
13. BETA SOFTWARE LICENSE
Vendors may from time to time make software accessible to You via the Platform prior to the general commercial release of such software (Beta Software). You are not required to use Beta Software, but if Vendors offer it, You may elect to use it under the following terms. Beta Software will be deemed to consist of Content and Services, and each item of Beta Software provided will be deemed a Subscription for such Beta Software, with the following provisions specific to Beta Software:
(a) Your right to use the Beta Software may be limited in time, and may be subject to additional Subscription Terms;
(b) Vendors or their affiliates may request or require that You provide suggestions, feedback, or data regarding Your use of the Beta Software; and
(c) In addition to the waivers and limitations of liability for all Software under Section 11 below as applicable, You specifically acknowledge that Beta Software is only released for testing and improvement purposes, in particular to provide Vendors with feedback on the quality and usability of said Beta Software, and therefore contains errors, is not final and may create incompatibilities or damage to Your computer, data, and/or software. If You decide to install and/or use Beta Software, You shall only use it in compliance with its purposes, i.e. for testing and improvement purposes and in any case not on a system or for purposes where the malfunction of the Beta Software can cause any kind of damage. In particular, maintain full backups of any system that You choose to install Beta Software on.
14. YOUR RESPONSIBILITIES
You shall not transfer in any way whatsoever Your rights under this Agreement without Our prior written consent.
15. RESERVATION OF RIGHTS
15.1. We reserve, at Our sole discretion, the right to change, suspend, remove, modify or add any game or tournament on the Online Games.
15.3. We may at any time without prior notice to You terminate Your use of the Online Games and block Your Player Account if We consider that You are in breach of any of the terms and provisions of this Agreement or that You are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse You for any of the funds in Your Account.
16.1. Governing Law. The construction, validity and performance of this Agreement will be governed by the laws of [Cyprus].
16.2. Competent Courts. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of [Cyprus]. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
16.3. Severability. The illegality, invalidity or enforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
16.4. Language. The English language version of this Agreement will prevail over any other language version issued by Us.
16.5. No assignment by You. You are not allowed to assign this Agreement or any rights or obligation hereunder to any other party.
16.6. Priority. This Agreement shall prevail in the event of any conflict between the terms and conditions herein and any other Agreement or document referred to herein or used in connection with the Software.
16.7. Notices. You agree to receive communications from Us in an electronic form. Electronic communications may be posted on the pages within the Website and/or Platform or the messages/help files of Your client application, or delivered to Your email address. All communications in either electronic or paper format will be considered to be in writing and to have been received no later than five business days after posting or dissemination, whether or not You have received or retrieved such communication. We reserve the right, but assume no obligation, to provide communications in paper format. Any notices required to be given in writing to Us or any questions concerning this Agreement should be addressed to firstname.lastname@example.org.