IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE CONTINUING TO USE THIS SOFTWARE OR ANY ASSOCIATED SERVICES.

SECTION 19 OF THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. This Terms of Use (the “Agreement”) is a legal agreement between you and Krieg Games Ltd. (“Krieg Games”). It governs your access to, conduct in, and other terms and conditions relating to our operation and your use of the interactive experience in any game by Krieg Games (the “Service”), which includes (i) the video game software and associated software components (the “Game”); (ii) social components (such as but not limited to forums, chat and messaging, and associated social media sites); (iii) virtual resources, goods, and services; (iv) online or electronic documentation; and (v) other elements that may be added in time. By using the Service, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, operate, or otherwise use the Service. Krieg Games may update or change this Agreement at any time by posting the most current version of the Agreement in its products or on the web, with a new Effective Date shown. All changes in the Agreement are effective from the Effective Date. Your continued use of the Service after we post any changes to the Agreement signifies your agreement to any such changes. If you do not agree to the then-current Agreement, you must immediately discontinue using the Service. Your use of the Service is controlled solely by this Agreement, which cannot be changed except by a written agreement signed by both you and an authorized representative of Krieg Games Ltd. The Service is licensed, not sold. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT OR ANY PRIVILEGES ASSOCIATED WITH THE GAME. 1. GRANT OF LICENSE The Service is licensed to you by Krieg Games for personal, non-commercial use for the lifetime of your Account. The license to the Service is non-exclusive and non-transferable. All other uses of this license are prohibited. 2. YOUR ACCOUNT 2.1. You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Krieg Games immediately of any breach of security or unauthorized use of your Account. 2.2. Messages and Notifications. By making use of the Service, you consent to and agree that Krieg Games may send you messages and notifications through the Service, by way of example and not limitation, in-Game activities, notifications about your Account, or advertisements of existing and upcoming features for the Service. 2.3. Accurate Information. When using the Service and/or its support email address for feedback or help, you promise to provide valid and accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times. 2.4. Suspension of Accounts. Krieg Games may, at our sole discretion, suspend or terminate your Account and/or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason, wherein such breach is not cured after reasonable notice of the breach is given by Krieg Games. 2.5. Your Username. Krieg Games may force you to change any of your screen names (including, for example, your Account name, public forum username, or in-Game character name) if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Krieg Games deems it unacceptable by community standards. Users additionally agree that their usernames: will not refer to political orientation, ethnicity, community, religion; will not be vulgar or insulting; will not have sexual or pornographic connotations; will not contain your real name; will not resemble or imitate a registered trademark or a term protected by copyright; will not promote any commercial service; will not refer to a narcotic product or any other products or entities prohibited by law; will not be spelled or spelled alternatively for the purpose of circumventing the rules imposed above; and will not combine your name and surname, which, assembled, would contravene the rules provided above. 2.6. Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Krieg Games as it sees fit. Krieg Games will fully cooperate with law enforcement and other governmental entities in policing the content of the Service. If you are under the age of 21, Krieg Games may release transcripts of your chats, or other in-Service communication, to your parents, guardian, or other adult authority figures. 2.7. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Krieg Games owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts. 3. USER CONDUCT 3.1. Your Conduct in the Service. You are responsible for your conduct as a member of the community and as a user of the Service. You represent, warrant and agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through your in-Service avatar, which: is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law; is or could be taken as slurs, hate speech, or attacks on individuals or groups based on race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity; is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or activity; encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone; infringes, could infringe, or could lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity; removes or modifies any copyright, trademark, or other proprietary rights notices in or related to the Service; re-uses any copyrighted or proprietary materials from the Service for commercial use; reformats or frames any portion of the Service; promotes a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by Krieg Games; constitutes spam (sending the same message multiple times or to multiple people will be treated as spam), surveys, or other mass messaging, whether commercial in nature or not; is a chain letter, or constitutes junk mail; restricts, inhibits, or discourages any other user from using the Service or contains a virus or another harmful component; hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third party software designed to modify the Service experience; removes, circumvents, disables, damages or otherwise interferes with any security-related features of the Service, features that prevent or restrict the use or copying of Service content or features that enforce limitations on the use of the Service; imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service's operation; “spoofs” within the Service, meaning the use of any means to disguise your online identity or alter original attribute information, including through the use of duplicate accounts; uses or possesses programs to “crack” the Service or other Internet security tools; uploads files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; defrauds or impersonates a member of Krieg Games staff, including the manipulation of images or communications (such as doctored screenshots of support tickets or forum posts), to give the impression that a staff member made such a communication; specifies or claims that that you are affiliated with Krieg Games when you are not, including a “Game Master”, “Moderator”, or any other employee or agent of Krieg Games; requests account login information from other users of the Service; creates, maintains, or participates on a third party server setup of the Game or any part of the Service; purchases in-Game currency or other Virtual Items through a third party individual, entity, service, or site; violates any local, state, federal or international laws or gives rise to civil liability; violates these Terms of Use; or anything else that Krieg Games, in its sole determination, deems harmful to the Service's or to Krieg Games's integrity or business or the integrity or business of Krieg Games's affiliates (collectively, the “Acceptable Use Policy”). 3.2. User Generated Content. Any information, material, and content which you and other users post, contribute or otherwise submit through the Service is generally known as “user generated content” (“UGC”). Your UGC includes any posts, uploaded images, or comments posted on the Service's chat, forums, or other venues. Our moderators will make reasonable efforts to adhere to these Terms and other community guidelines in moderating UGC. But in any event, their decisions (for example, as to removal of any UGC) are final with regard to such UGC. By posting UGC, you represent that you are the owner of the UGC, and give Krieg Games permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis, in perpetuity anywhere in the world. By way of example only, this will include permission to make your UGC available through the Service to other users, in advertising the Service, or to display UGC as part of contests and other promotions. You also grant to every other user of the Service unlimited, non-terminable, and free permission to use all or any part of your UGC for non-commercial purposes within the Service. 4. VIRTUAL ITEMS 4.1. Virtual Items. Virtual goods and consumable and non-consumable virtual items, upgraded and early access to Service features, in-Game content, in-Game credits and currency (“Virtual Items”) may be offered as a feature of the Service through (i) in-Game purchases with real-world currency, (ii) for purchase using virtual currency and/or items, (iii) earned through your in-Game activities, (iv) earned through promotions, sweepstakes, contests, or other giveaways, or (v) through other methods detailed within the Service. Your election to make a purchase of Virtual Items with real currency will be an offer to Krieg Games to purchase at the prices and on the terms set forth in this Agreement and on the Service. Completion of the transaction will constitute Krieg Games's acceptance of your offer. Krieg Games will have no liability resulting from any failure of any transaction to be completed, whether to you or to a third party involved in the transaction (such as a credit card company, bank, or payment processor). No transaction will be deemed completed until Krieg Games has received payment from the payment processor for the Virtual Item that is the subject of the applicable transaction. 4.2. License and Transfers. You agree that (i) you have no right or title in or to any Virtual Items, (ii) Virtual Items are licensed, not sold, and (iii) Virtual Items have no real-world value . Krieg Games does not recognize any purported transfers of Virtual Items executed outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. Virtual Items may be subject to confiscation by Krieg Games at their sole discretion, as deemed necessary to uphold the integrity of the Game. You may not sell Virtual Items for “real” money or exchange those Virtual Items or currency for value outside of the Service. Notwithstanding the above, you may trade in-Game Virtual Items within the Service in the in-Game marketplace and trading systems set up for that purpose (if available in the Service), though certain limits and restrictions may apply. 4.3. Expiration of Virtual Items. All Virtual Items will expire and no longer be accessible when (i) your Account is terminated for any reason, (ii) your Account is inactive for a period of 24 months and more, or (iii) Krieg Games ceases to make the Service available for use or otherwise support the operation of the Service, at their sole discretion. 4.4. Direct Refund Policy. Krieg Games may consider to directly refund a purchased Virtual Items only if a refund request is made within 24 hours of the purchase of that Virtual Item. Notwithstanding the foregoing, all direct refund requests are reviewable by Krieg Games and Krieg Games may refuse a refund if it is deemed, in Krieg Games's sole discretion, to constitute abuse (e.g., repeated refund requests for Virtual Items) or for any other reason. Except where refunds are allowed by Krieg Games, all sales are final when the transaction has been processed. Any indirect refund request (i.e. a request made via a payment processor, a clearing bank etc.) is processed entirely by the payment processor and adheres to any of its valid Refund Policies. Krieg Games does not hold any responsibility in relation with any indirect refund request. 4.5. Acceptable Use. Use of the Virtual Items is subject to the Acceptable Use Policy described in this Agreement. Using your Virtual Items in conjunction with content that does not comply with the Acceptable Use Policy may result in termination or suspension of your Account and voiding of any Virtual Items associated with your Account. 4.6. Availability of Virtual Items. Krieg Games cannot and does not guarantee availability of any Virtual Items or the term of any price, special promotions, or offers related to the Service or any Virtual Items. 5. PACKS AND SUBSCRIPTIONS 5.1. Pack Purchases. You may be able to purchase various packs, which under a particular group of items (i.e. Power-Ups), with a particularly offered number of such items, will provide you with a randomly generated sub-amount and/or sub-type of items of the same group (i.e. Golden Pack of power-ups with a golden star designation in the Power-Ups section of the Shopping Panel of the Service). Such Packs´ concrete features and content is further detailed on the after-purchase page/window within the Service, once the purchase process is sucessfully completed. 5.2. Subscriptions. Krieg Games may give you the opportunity to purchase a several day (i.e. a 7-day, 30-day, 360-day or similar) recurring subscription plan to access the Service (a “Subscription”). Your purchase of a Subscription may grant you access to special Service features and items for a limited period of time equal to the longevity of the Subscription plan you purchased. You also may be offered a Free Trial version of a subscription plan, which, after expiration of a clearly specified free trial period, will automatically be extended to a paid subscription plan of the same kind and you will start to be billed for it. The Subscription Free Trial can, however, be terminated at any time, within its Free Trial period of time, without any conditions and/or consequences whatsoever. Subscriptions may only be refunded primarily in accordance with platform provider (i.e Steam, Apple, Amazon, Google etc.) valid Refund Policies and our Refund Policy consequently. Please use the platform provider (i.e Steam, Apple, Amazon, Google etc.) designated methods via their particular app store applications and subscription termination policies if using the Service published via such app-stores. 5.3. Duration. If you purchase a Subscription prior to the start of availability of the Service, your Subscription Period will start when the Service is live. If you purchase a Subscription at any time after the start of the live Service, your Subscription Period will start when we, or our platform provider (e.g. Steam, Apple, Amazon, Google etc.) confirms your payment. In either case, your Subscription will continue for a per-subscription plan defined period of days (days as 24-hour periods from the date of confirmation of your payment). When you purchase a Subscription, you may have the option to auto-renew that Subscription. At the end of each of such Subscription Period, you will automatically be signed up and billed for an additional number of days (equal to the number of subscription days you previously paid for, or had a Free Trial for) at the then-current pricing. If, at any point, you do not wish your Subscription to auto-renew, you may use our application, or our platform provider (e.g. Steam, Apple, Amazon, Google etc.) designated methods via the particular app store applications and subscription termination policies to terminate such a Subscription. Subscriptions may only be refunded primarily in accordance with platform provider (e.g. Steam, Apple, Amazon, Google etc.) valid Refund Policies and our Refund Policy consequently. 5.4. Multiple Subscriptions. If you purchase multiple Subscriptions, the Subscription purchased first will be used first, and then any additional purchased Subscriptions will go into effect at the end of that initial Subscription Period. These “stacked” Subscriptiones will remain valid as long as the Service is offered for license by Krieg Games in your territory. 5.5. Eligibility. In order to become eligible to purchase a Subscription, you may have to purchase any other valid Service packages granting access to the Service (whether in pre-sale or post-launch sales). 5.6. Fees. Krieg Games reserves the right, at its sole discretion, to modify the amount of the subscription fees for the Subscription. In the event of a modification, Krieg Games will change prices of Subscriptions in the Shopping Panel, Premium Account tab of the Service. However, the new prices will only be applicable to you from the date of your automatic Subscription renewal, if any, and no modification of prices will affect Subscriptions already purchased by you. 5.7. Cancellation. If you disagree with those price modifications or otherwise wish to cancel your Subscription, you may cancel your subscription by using our, or the platform provider (e.g. Steam, Apple, Amazon, Google etc.) designated methods via their particular app store applications and subscription cancellation policies to cancel such a subscription. 6. OTHER RIGHTS AND LIMITATIONS 6.1. Maintenance of Copyright and Trademark Notices. You must not remove or alter any copyright or trademark notices that appear anywhere within the Service. 6.2. Distribution. The license granted hereunder is non-transferable. The Service and your Account are licensed for your use only and only on devices that you own or control. You may not distribute the Service to any third party. 6.3.Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble any portion of the Service, or take any steps to recreate or recover the source code of any part of the Service. 6.4. Rental. You may not rent, lease, or lend any portion of the Service, or offer it for any commercial use or purpose, except as explicitly allowed in this Agreement. 6.5. Support Services. Krieg Games may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Krieg Games is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Krieg Games under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Krieg Games will be and remain the sole property of Krieg Games and will be subject to the terms and conditions of this Agreement. Krieg Games support may be reached by contacting us through the Service's customer support email. You agree that you will look solely to Krieg Games in connection with Support Services. 6.6. Suggestions for Improvements. Any ideas, suggestions, or proposals (“Suggestions”) with regard to the Service may allow us to better address our users' needs and improve the Service and related services. If at any time you provide Suggestions to us, Krieg Games will be entitled to use or disclose (or choose not to disclose) any such Suggestions for any purpose, in any way, in any media worldwide, and Krieg Games is not under any obligation of confidentiality, express or implied, and you will not be entitled to any compensation or reimbursement of any kind under any circumstances for submission or use of your Suggestions. 7. TERM, TERMINATION, MODIFICATION OF TERMS OF USE The term of this Agreement will commence upon your download of the Service and will continue for the life of your Account. Without prejudice to any of its other rights, Krieg Games may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you. For example, but not in limitation, Krieg Games may choose to terminate this Agreement and your rights in connection with the Service, if Krieg Games, in its sole determination, discontinues the Service, stops supporting or maintaining the Service, ceases to provide updates, no longer offers the Service for license, or believes you have failed to comply with the terms and conditions of this Agreement. In the event of termination arising because of discontinuation of the Service by Krieg Games, all Virtual Items will be void. Additionally, no refunds will be given for any Virtual Items. In the event of termination arising from your failure to comply with the terms of this Agreement: (i) no refunds will be made and (ii) you must promptly delete or destroy all copies of the Service in your possession. If modification of the Agreement by Krieg Games materially affects your rights in connection with the Service, which determination will be made by Krieg Games in its sole determination, Krieg Games may, but is under no obligation to, notify you by sending an email message to your last email address known to Krieg Games or through the Service. Krieg Games will have no liability if you do not receive Krieg Games's notification. 8. COPYRIGHT As between you and Krieg Games, all title and intellectual property rights in and to the content which may be accessed through use of the Service are the property of Krieg Games and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and Krieg Games, all title, including copyrights, in and to Virtual Items, and any copies of those Virtual Items, whether or not acquired with consideration, are owned by Krieg Games, provided for entertainment purposes only for your exclusive use only in connection with the Service. These Virtual Items may not be sold, bartered, or traded without the consent of Krieg Games. No property or other proprietary rights in or to Virtual Items will accrue to you under any circumstances. This Agreement grants you no rights to use any Service content except in and in connection with the Service, as expressly and unambiguously set forth in this Agreement. All rights not expressly granted are reserved by Krieg Games. 9. COPYRIGHT INFRINGEMENT CLAIMS If you are a copyright owner or an agent of a copyright owner and believe that any UGC or content in the Service infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent at the contact information given below, with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You can reach our Copyright Agent here: Krieg Games Ltd. Attn: Copyright Agent legal@panzerkampf.net 10. NO WARRANTIES Krieg Games expressly disclaims any warranty in, to, or for the Service. The Service is provided 'As Is' and 'Where Is' without any express or implied warranty of any kind. Krieg Games expressly disclaims any warranties of merchantability, fitness for a particular purpose, non-infringement, or continuous operation. The entire risk associated with operation of the Service is assumed by you. Krieg Games does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Service. Krieg Games makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Krieg Games further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Service. Krieg Games cannot guarantee the integrity of the Service or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Service is loaded and operating. Because some jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you. 11. LIMITATION OF LIABILITY In no event will Krieg Games be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) arising out of your use of, or inability to use, the Service, or the use or inability to use the Service by any third party that may have access to the Service by or through you, even if Krieg Games has been advised of the possibility of such damages, and without regard to whether such damages or claims of damages arise based in contract, tort or otherwise. Krieg Games has no liability with respect to user conduct, UGC, the content of the Service, or any part of the Service, including errors or omissions contained in the Service, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights, or the disclosure of confidential information. The limitation of liability set forth in this Agreement may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the liability of Krieg Games and its affiliates will be limited to the fullest extent permitted by law. 12. YOUR REPRESENTATION TO KRIEG GAMES As a material inducement to Krieg Games entering into this Agreement with you, you represent to Krieg Games that: (i) you are not subject to any prohibitions or restrictions that would prevent or inhibit you from entering into legally enforceable agreements; (ii) you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist nation”; and (iii) you are not listed on any U.S. government list of prohibited or restricted parties. 13. PRIVACY POLICY In an effort to preserve your privacy, Krieg Games agrees that it will treat any personally identifying information that you submit through the Service in accordance with the terms outlined in its Privacy Policy available in the Service. Upon any suspected breach, Krieg Games will contact any affected users to alert them of the breach. 14. THIRD-PARTY CONTENT Krieg Games may provide hyperlinks within the Service to other websites and services maintained by third parties. These links to third party websites and services are provided for your convenience and information only. The content on any linked website or service is not under Krieg Games's control, and Krieg Games is not responsible for the content of any linked website or service (including any further links contained on those third party websites and services). IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES OR SERVICES LINKED TO IN THE GAME, YOU DO SO ENTIRELY AT YOUR OWN RISK. 15. INDEMNIFICATION You agree to indemnify, hold harmless, and defend Krieg Games and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors (the “Indemnified Parties”) at your expense, against any and all third party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Krieg Games arising out of or relating to your (i) violation or breach of any term of this Agreement or any policy or guidelines referenced in this Agreement, or (ii) use or misuse of the Service. 16. DISCLOSURES REQUIRED BY LAW Krieg Games reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Krieg Games may fully cooperate with any law enforcement authorities or court order requesting or directing Krieg Games to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD KRIEG GAMES HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KRIEG GAMES DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KRIEG GAMES OR LAW ENFORCEMENT AUTHORITIES. 17. CALIFORNIA RESIDENTS 17.1. Consumer Rights. Under Cal. Civil Code § 1789.3, we hereby notify you that (i) Krieg Games is located at Lorencova 3345, 76001 Zlin, Czech Republic (ii) the fees and charges for the Service vary depending on the specific services selected by you, and (iii) if you have a complaint regarding Krieg Games or desire further information on use of the Service or any of Krieg Games's services, please contact Krieg Games's customer support email within the Service. 17.2. General Release. If you are a California resident, you agree to waive California Civil Code § 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” 18. DISPUTE RESOLUTION AND GOVERNING LAW This Agreement is governed by the laws of the Czech Republic, without regard to conflict of law principles. Except as provided in Section 18 below, all disputes arising out of or related to your use of the Service are subject to the exclusive jurisdiction of the courts located in or near Brno/Ostrava, Czech Republic and you agree to submit to the personal jurisdiction and venue of such courts. In addition, you are responsible for compliance with all local laws if and to the extent local laws are applicable. 19. BINDING ARBITRATION Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually. YOU AND KRIEG GAMES AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION. Arbitration is a process with no judge or jury - an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. To start an arbitration, you must send a letter to our email address at Krieg Games (email to legal@panzerkampf.net) describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the outcoime of the arbitration. The arbitration will take place in Brno/Ostrava, Czech Republic, unless the parties agree to video, phone and/or internet connection appearances. Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Krieg Games will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given (including any attorneys' fees and costs awarded), and the arbitrator's findings and conclusions on which the arbitrator's decision is based. Nothwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND KRIEG GAMES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You and Krieg Games agree that if any portion of this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect. 20. MISCELLANEOUS TERMS 20.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Krieg Games and governs the terms and conditions of your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Krieg Games with respect to the Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, third party content, or third party software (also including that of Google, Apple or Amazon etc.). 20.2. No Waiver. The failure of Krieg Games to exercise or enforce any right or provision of this Agreement does not operate as a waiver of such right or provision. Any waiver of this Agreement by Krieg Games must be in writing and signed by an authorized representative of Krieg Games. 20.3. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. 20.4. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 20.5. No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions. 20.6. Equitable Remedies. You hereby agree that Krieg Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we are entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws. For any questions, or to report any violations of this Agreement to Krieg Games, please contact our support email at legal@panzerkampf.net. Valid from July 1, 2024