TERMS AND CONDITIONS
Last updated
February 14, 2024
AGREEMENT TO OUR LEGAL
TERMS
We are GeniusArena Software B.V.
("Company,"
"we," "us," "our")
, a company registered in
the
Netherlands
at Picassoweg 77, 1328 KL Almere, Netherlands
, Almere
, Flevoland
1328 KL
.
Our VAT number is NL865555199B01.
We operate the
website
https://geniusarena.nl
(the "Site")
, as well as any other related products and services that refer
or link to these legal terms (the "Legal Terms"
) (collectively, the
"Services").
You can contact us by
phone at (+31)620668211, email at
info@geniusarena.com
, or by mail to
Picassoweg 77, 1328 KL Almere, Netherlands
, Almere
, Flevoland
1328 KL
,
Netherlands
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
"you"), and
GeniusArena Software B.V., concerning your access to and use of the Services. You agree
that by accessing the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Services from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms
from time to time. We will alert
you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your responsibility to periodically review these
Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of
the Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not
use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services (collectively, the
"Content"), as well
as the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the
Services "AS IS"
for your personal, non-commercial use or internal business
purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES
" section below, we
grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address your
request to: info@geniusarena.com. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you must identify us as
the owners or licensors of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or upload: By
sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES
" and will not
post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral
rights to any such Submission;
- warrant that any such Submission are
original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions;
and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible
for your Submissions and you expressly agree to reimburse us for any
and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant
that:
(1) you have the legal capacity and you agree to
comply with these Legal Terms;
(2) you are not a
minor in the jurisdiction in which you reside
; (3) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (4) you will not use the Services for any
illegal or unauthorized purpose; and (5) your use of the Services will not violate
any applicable law or regulation.
If you provide
any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
We accept the following forms of payment:
- Visa
- Mastercard
- PayPal
- American Express
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change prices at
any time. All payments shall bein Euros.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers,
or distributors.
5. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless
canceled. You
consent to our charging your payment method on a recurring basis without requiring your prior
approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle
will depend on the type of subscription plan you choose when you subscribed to the Services
.
Free Trial
We offer a 30-day free trial to new users who
register with the Services.
The account will not be charged and the subscription will be suspended until
upgraded to a paid version at the end of the free trial.
Cancellation
All purchases are non-refundable.
You can cancel your subscription at any time by logging into your
account. Your cancellation will take effect at the end of the
current paid term. If you have any questions or are unsatisfied with our Services, please email us
at info@geniusarena.com.
Fee Changes
We may, from time to time, make changes to
the subscription fee and will communicate any price changes to you in accordance with applicable
law.
You may not access or
use the Services for any purpose other than that for which we make the Services available. The
Services may not be used in connection with any commercial
endeavors except those that are specifically
endorsed or approved by us.
As a user
of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of
the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the
Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass,
abuse, or harm another person.
- Make
improper use of our support services or submit false reports of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking
to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection
mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making
up a part of the Services.
- Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false
pretenses
.
- Use
the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
-
Use the Services to advertise or offer to sell goods and
services.
-
Sell or otherwise transfer your profile.
7.USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or
on the Services, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through
third-party websites. When
you create or make available any Contributions, you thereby
represent and warrant that:
- The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but
not limited to the copyright, patent, trademark, trade secret, or moral rights
of any third party.
- You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users
of the Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not violate any applicable
law, regulation, or rule.
- Your Contributions do not violate the privacy or
publicity rights of any third party.
- Your Contributions do not violate any applicable
law concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual preference,
or physical handicap.
- Your Contributions do not otherwise violate, or
link to material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use of
the Services in violation of the foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of your rights to use the
Services.
You and Services agree
that we may access, store, process, and use any information and personal data that you provide
and your choices (including settings).
By submitting suggestions
or other feedback regarding the Services, you agree that we can use and share such feedback for any
purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are
not liable for any statements or representations in your Contributions provided by you in any area
on the Services. You are solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
9.SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
10.PRIVACY
POLICY
We care about data privacy and
security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services,
which is incorporated into these Legal Terms. Please be advised the Services are hosted in
Germany
and India
. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in
Germany
and India
, then through your continued use of the Services, you are
transferring your data to
Germany
and India
, and you expressly consent to have your data transferred
to and processed in
Germany
and India
.
11.TERM
AND TERMINATION
These Legal Terms shall remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
12.MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in connection
therewith.
13.GOVERNING
LAW
These Legal Terms are governed
by and interpreted following the laws of the
Netherlands, and the use of the United Nations Convention
of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in
the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory
provisions of the law in your country to residence. GeniusArena Software B.V.
and yourself both agree to submit to the non-exclusive jurisdiction of the courts of
Flevoland, Almere, which means that you may make a claim to defend your consumer protection rights
in regards to these Legal Terms in the
Netherlands , or in the EU country in which
you reside.
14.DISPUTE
RESOLUTION
15.CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
16.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
17.LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE one (1) mONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
18.INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
19.USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
20.ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
21.CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
22.MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
23.CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
GeniusArena Software B.V.
Picassoweg 77, 1328 KL Almere, Netherlands
Almere
, Flevoland
1328 KL
Netherlands
Phone: (+31)620668211
info@geniusarena.com