Effective September 1, 2020
1. ACCEPTANCE OF TERMS
Before using World Sim Series, please take some time to carefully read our Terms of Service below (“Terms”). The Terms below constitutes a binding contract between the user and MB World Sim Series.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these terms.
As set out in more detail below, WSS RESERVES THE RIGHT TO IMMEDIATELY SUSPEND AND/OR CLOSE THE ACCOUNT OF ANY USER WHO VIOLATES, OR WHOM WSS REASONABLY BELIEVES MAY BE OR WILL BE VIOLATING, THESE TERMS AND CONDITIONS OF SERVICE, AT ANY TIME WITHOUT NOTICE. Please note that if User’s account (“Account”) is closed due to a violation of the Terms, WSS reserves the right to determine how the Account balance will be distributed.
2. ELIGIBILITY AND RESTRICTIONS ON PARTICIPATION
In order to sign up and maintain Account on the Site, an individual must:
* be an adult according to the laws of the jurisdiction (i.e. state or country as the case may be) in which you reside;
* be a natural person, at least 14 years old, and who has a payment instrument and had the email address submitted on Account sign up form assigned to their use and control as represented;
* be a citizen or resident of a country (“Territory”) where skilled gaming is legal (as applicable from state to state within a given Territory);
* be physically located in a Territory in which participation in the Service you select, or the Site, is unrestricted by applicable laws; and
* comply with these Terms at all times.
* if you are under 14, if you wish to use the WSS you must have a parent or guardian register for the Services on your behalf.
By registering for the Services, you are making a representation to WSS that you are an adult in the jurisdiction in which you reside and that you agree to these Terms on behalf of yourself and, at your discretion, for one (1) individual under the age of 14 for whom you are a parent or guardian and whom you have authorized to use the Account you create to use the Services. In the event that you register an individual under the age of 14 to use the Services, you hereby agree to these Terms on behalf of yourself and such an individual, and you understand and agree that you will be responsible for all uses of the Services by the individual you register, whether or not such uses were authorized by you.
*Certain sections of the Site are age-gated to prevent minors from accessing games such as pay-to-enter games and tournaments. Minors may be prohibited from playing games or entering tournaments based on game ratings, or conditions set by WSS.
Additional Information for U.S. Citizens and Residents: The laws governing contests, tournaments and skilled gaming with entry fees and/or prizes are established by each state, not by the federal government. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
If you open an Account and/or participate in any tournament or game offered on the Site while located in a prohibited jurisdiction, you will violate the law of such jurisdiction and these Terms, and subject to having your Account suspended or terminated and all winnings (if any) voided.
2.2 PROOF OF ELIGIBILITY
WSS may at any time require any User to provide proof of eligibility to participate in order to continue to allow such User access to the Site and the Services, and each User hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Site. In addition, each User will be required to provide proper identification and proof of eligibility before receiving a prize from WSS. Participants may, at their option, pre-confirm their identification at any time. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO WSS, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE USER’S ACCOUNT.
2.3 LIMITATIONS ON PARTICIPATION
You are only permitted to sign up for one active Account on the Site. Additionally, WSS only allows Users to have one Account per household. WSS reserves the right to monitor any effort to establish multiple Accounts. In the event it is discovered that you have opened more than one Account, all Accounts will be closed without notice. WSS reserves the right to deny access to anyone, including, but not limited to, those Users who use proxy servers and/or IP addresses residing in certain geographical areas.
WSS reserves the right to limit your activity on the site in any way it deems appropriate, in its sole discretion. The Site reserves the right to set expiration dates or other limits on all promotional or bonus funds or credits, including entry-fee bonuses or credits and prize credits applied to your Account.
2.4 ACCOUNT FOR INDIVIDUAL USE ONLY
You, as the holder of your Account, are solely responsible for all obligations and, assuming compliance with these Terms, are entitled to all benefits accruing thereto. You may not allow any other person to access your Account, access the Site, accept any winnings, or participate in any tournament using your Account information. Your Account is not transferable to any other person. All activities undertaken under the User’s Account will be deemed to have been done by that User.
3. WSS ACCOUNT
You may view Content (as further defined below) on the Site without registering for Account, but as a condition of using certain aspects of the Services, including entering Competitions and communicating with other Account holders through the Site, you are required to create WSS Account.
Upon sign up and/or to facilitate refund and prize payments to you, you are required to provide the following information:
* full name
* a password
* your e-mail address
* birth date
* permanent residential address
* phone number
* credit card or other payment information (only required if you are transferring funds to purchase an entry in a pay-to-enter game or tournament)
The information provided must be true, accurate, current and complete, as requested. You agree to update the signup data to keep it current and accurate. If WSS determines you are signing up with purposely incorrect information, WSS reserves the right to close your account. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes or winnings to which you may have otherwise been entitled. WSS also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames.
4.1 SKILLED GAMING FOR PRIZES
Each User acknowledges that the outcome of the challenges and tournaments offered on the Site are directly related to the number of Users participating, and the skill levels of each User participating. WSS does not comment or have a knowledge of the probability of one User winning a challenge vs. another User, and makes no representations about an individual User’s chances of winning.
Prizes are generally cash amounts, which are paid to you through electronic third party payment processors. The prizes offered in all tournaments will be disclosed at the beginning of such tournaments. If a tournament has to close prematurely, such as for maintenance or technical problems, the Site may attempt to reschedule, or process refunds if applicable.
4.2 DETERMINATION OF WINNERS
The results and winners of each tournament offered on the Site will be determined by WSS, and such determinations are final. By signing up, joining and/or participating in any tournament, you agree to be bound by these determinations.
By visiting the Site, you will be able to view the games available for entry (“Competitions”). While some Competition may be free to enter, certain Competitions on the Site or App will require an entry fee. It is your responsibility to know and understand the rules and required entry fees for any given Competition.
WSS Competitions consist of tournaments, ladders, championships and other competitions more fully explained in our Competitive Rules Guideline and within the directions of each Competition. WSS offers two categories of Competitions – Free Competitions and Paid Entry Competitions.
* Free Competitions – Free Competitions are totally free. Users in free Competitions will pay nothing. Occasionally, cash prizes may be offered for winners of our Free Competitions.
* Paid Entry Competitions – Paid Entry Competitions are our most popular format. In Paid Entry Competition the User pays as play. That means WSS collects a fee from each User, which allows them access to join certain Competitions.
Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize. In particular, due to restrictions in certain jurisdictions’ laws, residents of the Prohibited Jurisdictions are not eligible to participate in our Paid Entry Competitions.
5. DEPOSITS, FEES, PRIZES, WITHDRAWALS AND OTHER FINANCES
All Paid Entry Competitions have an entry fee. The entry fee may vary from Competition to Competition. To participate in a Paid Entry Competition you must deposit credits (“Credits”) to your Account or pay an event fee directly with your payment instrument (e.g. credit/debit card, other) (“Payment Instrument”). Also, WSS has the right to award the Credits to you for promotional purposes.
WSS has the right to set minimum limit for deposit Credits (e.g. EUR 5, other). No interest is payable on the Credits. All payments must be made via Stripe (“Payment Processor”) using the Payment Instrument that is issued under your or a Payment Instrument holder name (if applicable).
You agree to be bound by these Terms, as well as by terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processor’s terms and conditions, then these Terms shall prevail.
WSS reserves the right to require you to confirm or validate any or all deposits previously made to your Account. You acknowledge that in the case of any dispute, your validation may be used by WSS as evidence.
Any attempt to defraud the WSS through the use of payment cards or other methods of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment, or confirmation of deposits, will result in immediate termination of your Account, forfeiture of any prizes, and active pursuit of civil litigation and/or referral for criminal prosecution.
5.2 FEES, PRIZES
When you choose to enter Paid Entry Competition and complete the entry process, the requisite entry fee will be debited from your Account. All payments are final and no refunds will be issued.
When the Users participate in a Paid Entry Competition, part of entry fees for Paid Entry Competition represents a “Platform Fee” to WSS, made solely for facilities provided by the Site for the setting up and management of all Paid Entry Competitions. Another part of entry fees is reserved for the prizes.
By participating in a Paid Entry Competition and paying fees to WSS, each member acknowledges that these funds are held by WSS for such Services and that the member grants an irrevocable authority to WSS to pay the winner of the Paid Entry Competition the prize associated with such Paid Entry Competition.
Members should also be aware that the total entry fees paid by members in any given Paid Entry Competition are not paid out as prizes, as WSS retains part of the entry fees paid as a service fee on all Paid Entry Competition played. This fee allows for the continued operation and maintenance of the Site and the development of additional features and content for the Site in the future. The cash prizes in each tournament represent an amount determined by: (i) WSS in its absolute discretion and is subject to change without further notice to you or (ii) by users themselves in certain cases (e.g. in community events).
Additional fees for Content may apply. Content fees are for the right to use the Content as part of the WSS as described in these Terms and are not for payment of a separate offering or service.
5.3 PRIZE PAYMENTS AND WITHDRAWALS
Your winnings are awarded to you in their entirety, and all federal, provincial, state and local taxes due in connection with any winnings awarded to you are your sole liability and responsibility.
You may request a withdrawal of available Credits from your Account at any time. Withdrawal privileges may be revoked for security purposes when fraud is suspected.
Usually, WSS establishes the minimum withdrawal allowed (e.g. EUR 5, other). Withdrawals may be subject to a transaction and administration fee amounting to a per cent of the withdrawn amount (as set by the Payment Processor). In such cases, WSS reserves the right to compensate itself for that fee by automatically deducting it from the withdrawn Credits. Withdrawal period depends on several factors such as the industry and country you’re operating in, and the risks involved. Generally, it takes from 2 to 30 days. Also, you should keep in mind that after the first deposit to WSS, you will not be able to withdraw your prizes 7–14 days. The first withdrawal usually takes a little longer in order to establish the Payment Instrument account. Processing subsequent withdrawals then happen according to the Payment Processor pay-out schedule.
You may be required to provide proper identification and proof of eligibility prior to any request of withdrawal. To prevent fraudulent behaviour and account hijacking, WSS or Payment Processor reserves the right to require you or the credit card holder (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and your identity. Withdrawal payments will not be made until such verification is received.
You hereby acknowledge and agree that:
IN EVERY CASE, AND WITHOUT LIMITING SECTION 9, WSS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CURRENCY CONVERSION IN CONNECTION WITH THIS SITE, INCLUDING WITH RESPECT TO ANY POSTED OR ACTUAL RATES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO AUTHENTICITY, ACCURACY, COMPLETENESS, ERRORS, OMISSION, TYPOGRAPHIC ERRORS, DISRUPTION, DELAY, INTERRUPTION, FAILURE, DELETION, OR DEFECT IN CONNECTION WITH SUCH RATES, AND FURTHER EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY AND ALL LOSSES DUE TO CHANGES IN EXCHANGE RATES WHICH MAY OCCUR.
Users can purchase WSS subscription service for an optional period recurring fee (“Subscription”) as specified on the Site, which WSS reserves the right to change or amend in its sole discretion. This fee will automatically renew at the end of the chosen period. Users with the Subscription shall be entitled to certain benefits as specified on the Site, which WSS reserves the right to change or amend in its sole discretion. WSS reserves the right to augment or eliminate benefits under the Subscription in its sole discretion.
You acknowledge that unless you request otherwise in your Account, for instance by clicking on the box to “Cancel Subscription” “Not automatically renew”, your Subscription will automatically renew at the end of your Subscription period and you will be charged for the renewal fee. Every user has a right to adjust the Subscription period.
You may cancel or adjust your Subscription at the “My subscription” section in the Account. To the extent permitted by applicable law, if you terminate or breach these Terms, you will forfeit your right to all payments you may have made for pre-purchased access to the Services and any Content.
To the extent permitted by applicable law, you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid to your Account before any termination of the Subscription. By accessing the Services, you acknowledge that, although under certain circumstances, users located in the European Union may have a right to cancel Subscription within 14 days of signing up for, however, PERFORMANCE OF THIS TERMS HAS BEGUN UPON STARTING A PAID ENTRY COMPETITION AND YOU THEREBY LOSE YOUR RIGHT OF WITHDRAWAL UNDER APPLICABLE LAW, INCLUDING APPLICABLE EUROPEAN UNION LAW, IN RESPECT OF THE PURCHASE OF ANY DIGITAL CONTENT HEREUNDER, AND YOU THEREBY WAIVE ANY RIGHT YOU MAY HAVE TO A REFUND OF ANY AMOUNTS WHICH WERE PRE-PAID ON BEHALF OF YOUR ACCOUNT PRIOR TO ANY TERMINATION OF SUBSCRIPTION. However, if you voluntarily cancel your Subscription, the termination will not occur until the end of the subscription period for which you have paid, and you will be able to continue using the Site until such time.
You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify WSS if your selected payment method is cancelled (e.g., for loss or theft).
We reserve the right to suspend or terminate your access to any Subscription that is a part of the Services without notice upon rejection of any charges or if your Payment Instrument seeks return of payments previously made to us when we believe you are liable for the charges.
Although, it was mentioned above we repeat one more time that you may choose not to renew your Subscription at any time by selecting the “Not automatically renew” option in your Account. Your cancellation is effective at the end of the current Subscription term.
7. COMPETITION DISQUALIFICATION AND CANCELLATION
If you enter Paid Entry Competition, you may not cancel it. All Paid Entry Competition purchases are final. If you fail to participate in a Paid Entry Competition you enter, then you will forfeit your Paid Entry Competition fee. If you timely cancel Paid Entry Competition, your fee will be refunded back into your Account. WSS has no obligation to honour cancellation requests received after the registration end date and time.
7.1 NO REFUND
All payments made on our site are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting Paid Entry Competition, it will be deemed submitted by the person in whose name the account was registered.
7.2 DISQUALIFICATION AND CANCELLATION
Participation in each Competition must be made only as specified in the Terms. Failure to comply with these Terms will result in disqualification and, if applicable, prize forfeiture.
WSS, in its sole discretion, may disqualify you from a Competition or the entire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct WSS deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to:
You acknowledge that the forfeiture and/or return of any prize shall in no way prevent WSS from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
We reserve the right, in our sole discretion, to cancel or suspend any Competition (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Competition (or any portion thereof). This section specifically includes when a Competition Prize Table has been tampered with. We may provide you with notification of such cancellations or suspensions, but will not be obliged to do so. In the event that a Competition is cancelled altogether, no Competition entry fee will be payable by you and any amounts that were to be used for the purpose of entering the Competition will once again be made available to you via your account.
7.3 NO WAIVER IMPLIED
The failure of WSS to enforce at any time any of the provisions of these Terms, or the failure to require at any time performance by you of any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the WSS to enforce every such provision thereafter. The express waiver by the WSS of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
8. TERMINATION OF USAGE
You may cancel your account at any time through your account settings or by sending us an email at firstname.lastname@example.org. We may suspend or cancel your account without notice or refund to you if you violate these Terms. If your account is cancelled, WSS reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s Terms).
Following termination of your account, however, your license to use WSS’s Content automatically terminates, and we have no obligation to provide you with use of the Services. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination.
9. INTELLECTUAL PROPERTY RIGHTS
By signing up for an account and/or participating in any competition or game offered on the Site, or using the Services, you acknowledge that all content included in the Services, including all Site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Services (collectively, the “Content”) is owned or licensed by WSS and/or its licensors. You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content. WSS neither warrants nor represents that your use of the Content will not infringe rights of third parties. While WSS uses reasonable efforts to include accurate and up-to-date information, WSS makes no warranties or representations as to the accuracy or completeness of any Content and assumes no liability or responsibility for any errors or omissions in the Content.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed and forming part of the Content, including the names of all games and tournaments, are registered and unregistered Trademarks of WSS and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on the Site without the written permission of WSS or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademarks displayed on the Site, or any other Content, except as provided in these Terms and applicable copyright, trademark, patent, or other intellectual property restrictions, is strictly prohibited.
You are also advised that WSS will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of civil litigation and referral for criminal and quasi-criminal prosecution where appropriate.
10. WARRANTY DISCLAIMER
WSS DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WSS SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE CONTENT.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WSS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WSS MAKES NO WARRANTY THAT:
(I) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(III) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS;
(IV) YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND
(V) ANY ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WSS, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11. LIMITATION OF LIABILITY
YOU AGREE THAT WSS AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WSS AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(I) THE USE OR INABILITY TO USE THE SERVICES;
(II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION);
(V) STATEMENTS OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICES; OR
(VI) ANY OTHER MATTER RELATING TO THE SERVICES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, WSS AND ITS AFFILIATES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF WSS AND ITS AFFILIATES SHALL IN NO EVENT EXCEED THE GREATER OF ONE HUNDRED EUROS €100.00. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, WSS’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BY SIGNING UP FOR AND/OR PARTICIPATING IN ANY SERVICES OFFERED ON THE SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MB WORLD SIM SERIES, ITS SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU). WSS RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION 11 WITHOUT WSS PRIOR WRITTEN APPROVAL.
13. GOVERNING LAW AND DISPUTES
13.1 GOVERNING LAW
These Terms will be governed by and construed in accordance with the laws of the Republic of Lithuania applicable therein, without regard to its conflicts of law provisions.
13.2 INITIAL DISPUTE RESOLUTION
WSS aims that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that WSS has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, WSS is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will first give WSS an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to email@example.com or submitting a support ticket through the Service.
You then agree to negotiate with WSS in good faith about your problem or dispute for at least sixty (60) days after our receipt of your written description of it.
13.3 BINDING ARBITRATION
If the parties do not reach an agreed-upon solution within a period of 60 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
Any dispute or disagreement arising out of or in connection with this Terms and not resolved through time informal dispute resolution shall be finally settled by the Vilnius commercial arbitration (VCA).
You hereby consent to the exclusive jurisdiction of and venue in the Vilnius Commercial Arbitration excluding any rules or procedures governing or permitting class actions.