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This version is in effect since 12/12/2015

1. SneakersGames and its terms of use

The website / (hereafter the “Website”) and the digital platform (hereafter the “Digital Platform”) are owned and managed by the private limited liability company incorporated under Belgian law SneakersGames, with registered offices at Hemelrijkstraat 27, 9051 Sint Denijs Westrem, section Ghent, registered at the Register of Legal Entities of Ghent, section Ghent, under the number 0640.875.931 and known by the VAT-administration under the number BE0640.875.931 (hereafter “SneakersGames”).

The services of SneakersGames (hereafter the “Services”) allows users (hereafter a “User”, “you” or “your”) to participate in an interactive fantasy football game named Fan Arena (hereafter “Fan Arena”). For more detailed information on the Services of SneakersGames, the Digital Platform and its functionalities and the football game Fan Arena, please consult the website.

These terms of use (hereafter the “Terms of Use” or the “Agreement”) govern the use and access of the Website and the Digital Platform of a User, as well as all persons (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) a user represents or has offered permission to use and access the Website and the Digital Platform. The Terms of Use also govern the content, information and services, free and/or paid, provided through the Website and/or the Digital Platform by SneakersGames, its representatives, its users or any other relevant (third) party.

Each time you access and use the Website and the Digital Platform you state and confirm your acceptance and Agreement, and the acceptance and Agreement of all persons you represent or allow access, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and all persons you represent or allow access. Therefore, the Terms of Use constitute a legally binding Agreement between SneakersGames and you. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept the Terms of Use, you must immediately cease your access and use of the Website and the Digital Platform.

In addition to any other rights or remedies granted by SneakersGames under or otherwise in connection with these Terms of Use, you agree and acknowledge that you have read and agree to comply with the following other policies of SneakersGames which are hereby incorporated by reference into, and integrally made a part of these Terms of Use:

SneakersGames may, in its sole discretion, change, supplement or amend these Terms of Use as they relate to your future use of the Website and the Digital Platform and it may do so from time to time, for any reason, and without any prior notice or liability towards you or any other person. You are not permitted to change, supplement, or amend these Terms of Use in any manner.

Each time you access and use the Website or the Digital Platform, the Terms of Use as they then read will govern your access and use. Accordingly, when you access and use the Website and the Digital Platform you should check the date of these Terms of Use (which appears at the top of these Terms of Use) and review any changes since the last version.

2. Use of Website and the Digital Platform

Through the Website you can consult general content relating to SneakersGames (the company, its services, the Digital Platform, its use etc.). The Website can also be used to contact SneakersGames, or to subscribe to its newsletter, through a contact form.

SneakersGames may change the Website and the Digital Platform, its content, its use, its functionalities etc. at any moment and at her sole discretion.

For the moment, SneakersGames is running a free trial of her Digital Platorm and its functionalities and the football game Fan Arena. This free trial is provided to give you access to the Digital Platform and to allow you to play the game at no charge, so that you can become more familiar with its features and discover first-hand the Digital Platform and Fan Arena and preview all it has to offer for you and your friends.

If you are a free trial User and are granted with a User License to access and use the Digital Platform and its Content (hereafter defined), you can use the Digital Platform for the purposes of testing the Digital Platform and Fan Arena and this under the following conditions:

  • you provide SneakersGames with the following information relating to your use of the Digital Platform and Fan Arena (hereafter the “Information”): regular feedback on usage if applicable (problems of usage, suggestions, etc.)
  • …

You can end your free trial period at any time without penalty provided that you give SneakerGames the Information.

At the end of your free trial period and after you have provided SneakersGames with all the required information, SneakersGames can contact you to ask if you would like to convert to a paid account, at which moment SneakersGames will also provide you with all the information in order to make an informed decision on this. For more information relating to the end of the free trial period and the consequences please consult art. 5.

You agree to use the Website and the Digital Platform in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations. No other download, retention, use, publication, distribution (of any portion) (of the Content of) the Website and the Digital Platform as described in the Terms of Use is authorized or permitted.

In using this Website and the Digital Platform, you in any case agree to not:

  1. upload, download, post, email, analyze or otherwise transmit any materials, including but not limited to text, data, graphics, photographs, images, document layouts, artwork, text, fonts, software tools, or any of these elements in combination as a design for services available on this Website and the Digital Platform or otherwise (“Content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, and intellectual property;
  2. upload, download, post, email, analyze or otherwise transmit any Content that is in in any way unlawful or invasive of another’s privacy rights or incorporate images or names that would violate a person’s right of privacy or publicity.
  3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. upload, download, post, email, analyze or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  5. upload, download, post, email, analyze or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
  6. upload, download, post, email, analyze or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. upload, download, post, email, analyze or otherwise transmit false or misleading information;
  8. disrupt or interfere with the security of, or otherwise abuse, the Website and the Digital Platform or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or and the Digital Platform or affiliated or linked websites or digital platforms.
  9. access, tamper with or use non-public areas of the Website and the Digital Platform. Unauthorized individuals attempting to access these areas of the Website and the Digital Platform may be subject to prosecution;
  10. disrupt or interfere with any other user’s enjoyment of the Website and the Digital Platform or affiliated or linked websites and digital platform

If you register and/or are granted a User License, you agree that you are responsible for protecting your password and controlling access to the Digital Platform. You agree that you will be responsible for all Content that you upload, download, post, email, analyze or otherwise transmit on or through the Website and the Digital Platform, whether through your User License or otherwise. You will immediately notify SneakersGames of any unauthorized uses of your User License and any other breaches of security from the moment you obtain knowledge about this unauthorized use or breach.

You agree to waive any claims against SneakersGames and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Website and the Digital Platform, whether or not uploaded, downloaded, posted, emailed, a, analyzed or otherwise transmitted by you or your representatives or any other (third) party. You agree to indemnify SneakersGames and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees from all claims and expenses, including reasonable attorney’s fees, which are based on or arise from your violation of any of the provisions of this Agreement.

Upon using the Website and/or the Digital Platform, you acknowledge and agree that SneakersGames may review and use your Content, for adherence to its guidelines and compliance with the terms and conditions set forth in the Terms of Use, as well as to collect information in connection with the use of the Website and the Digital Platform (such as but not limited to user analyses). SneakersGames will in doing so always comply with Belgian and European privacy obligations and regulations (cf. privacy policy) as well as other legal obligations and regulations. Should you believe that material located or linked to by SneakersGames violates any of your privacy) rights, please notify SneakersGames immediately by using the following e-mail address octavian@sneakersgames.com. SneakersGames will do its best effort to respond to all such notices and take appropriate action. SneakersGames, its directors, affiliates, subsidiaries, contractors, agents, representatives, employees and providers can however not be held liable by you or any other person for any loss or damages suffered by you or any other person as a result of this supposed violation.

You understand that the technical processing and operation of the Website and the Digital Platform, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

3. Proprietary Rights

The Website and the Digital Platform and all Content of SneakersGames are the copyrighted property of SneakersGames, and/or its affiliates or the copyrighted property of parties from whom SneakersGames has licensed such property. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Website and/or the Digital Platform and/or the Content of SneakersGames except as expressly allowed in these Terms of Use.

You acknowledge and agree that the Website and the Digital Platform and any software provided to you or used in connection with the Website and the Digital Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the limited rights expressly granted in this Agreement, SneakersGames reserves all right, title and interest in and to the software, Website, Digital Platform and any other IP Rights, materials or other properties owned, licensed or controlled by SneakersGames.

SneakersGames grants you a non-exclusive, non-transferable, non-sublicenseable, revocable license to use SneakersGames’ proprietary online platform, including without limitation the Website the Digital Platform, Fan Arena and software, solely as necessary to use the Website and the Digital Platform and play Fan Arena and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website and the Digital Platform, Fan Arena, or the software, in whole or in part. All rights not specifically granted to you under this Agreement are expressly reserved by SneakersGames.

You acknowledge and agree that SneakersGames may use the Information in order to evaluate the Website and the Digital Platform and its functionalities and measure and improve performance, solve technical difficulties, identify areas of improvement and use compliments as testimonial.

The Content you upload, download, post, email, analyze or otherwise transmit to or through the Website and the Digital Platform is your responsibility and your copyright property or that of other parties from whom you have licensed this.

Should you have any complaints relating to intellectual property (rights) please contact us!

Any alleged infringements can be notified by delivering a written notice by registered letter to SneakersGames, Lange Klarenstraat 19, 2000 Antwerpen, containing the following information:

  1. Identify yourself. Please note that you should have the capacity of owner of a right (such as for example owner of an intellectual property rights) or party authorized to act on behalf of such an owner, or authorized to act under any (exclusive right of) law;
  2. Identify the specific right that you claim has been infringed and where;
  3. Identify the material that you claim is infringing, as well as any information reasonably sufficient to permit Pith.li to locate the material, including the web page URL(s) where such material may be found;
  4. Provide your name, address, telephone number and e-mail address, as well as your full legal name and your electronic or physical signature.

SneakersGames will respond and/or take action on all complete and qualified notices within ten (10) business days as from receiving this correspondence.

SneakersGames reserves the right to reproduce any notice to send it to a third party for publication and annotation, to post it in place of any removed content and/or in the context of any legal proceedings to this regard.

Please respect the necessary prudence when considering submitting a claim, as there are consequences for filing a claim without justification.

4. Third-party Websites

The Website and the Digital Platform may provide hyperlinks to third-party materials, resources or websites operated by third parties. SneakersGames is not liable for any content, advertising, products or other materials on or available from such websites or resources or the policies of such websites and resources. SneakersGames should not be taken to be endorsing, publishing, permitting or authorizing such websites or materials. Therefore, please be warned that these websites are operated under the exclusive responsibility of their respective owners, who are solely liable for complying with laws and regulations applicable to the products and services sold on their websites, including without limitation consumer protection, distant selling and price display regulations, if applicable.

SneakersGames is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

5. Disclaimer, liability, exclusion, liability limitation, release and indemnity

SneakersGames does not accept any liability for your access and use of the Website and the Digital Platform. For that reason, the following provisions apply to your access and use of the Website and the Digital Platform.

5.1 Disclaimer

Your access and use of the Website and the Digital Platform is at your own risk. The Website and the Digital Platform is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by SneakersGames and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers to the fullest extent permitted by law.

You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Website and the Digital Platform.

The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Website and the Digital Platform may be affected by numerous factors beyond SneakersGames’ control. The operation of the Website and the Digital Platform may not be continuous or uninterrupted, secure or private.

Without limiting the generality of the foregoing, SneakersGames, and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers make no representation, warranty or condition that:

  1. the Website and the Digital Platform will be compatible with your computer and related equipment and software;
  2. the Website and the Digital Platform will be available or will function without interruption or will be free of errors or that any errors will be corrected;
  3. the Website and the Digital Platform or (analyses) derived from the Website and the Digital Platform will meet your requirements;
  4. the information contained in the Website and the Digital Platform or (analyses) derived from the Website and the Digital Platform will be accurate, complete, sequential or timely;
  5. certain or any results may be obtained through the use of the Website and the Digital Platform;
  6. the use of the Website and the Digital Platform, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or
  7. the use of the Website and the Digital Platform will not infringe the rights (including intellectual property rights) of any person; and SneakersGames and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

SneakersGames and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by SneakersGames to give effect to, or for any failure or delay by SneakersGames in receiving, accessing, processing or accepting, any communication sent to SneakersGames by means of the Website and the Digital Platform or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Website and the Digital Platform or email services.

You are solely responsible for all Content that you upload, download, post, email or otherwise transmit to or through the Website and the Digital Platform.

SneakersGames does not and cannot review all the Content and material, including computer software, uploaded, downloaded, posted, emailed, analyzed or otherwise transmitted on or through the Website and the Digital Platform.

You agree that SneakersGames and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers have no responsibility for any damages suffered by you in connection with the Website and the Digital Platform or any Content, whether or not uploaded, downloaded, posted, emailed, analyzed or otherwise transmitted to or through the Website and the Digital Platform by you or by SneakersGames. You expressly agree that use of this Website and the Digital Platform, including all Content, data or software distributed by, downloaded or accessed from or through this Website and the Digital Platform, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such Content, data and/or software, as well as for damages suffered by third parties who’s rights (including but not limited to privacy and intellectual property rights) may have been violated by the uploading, downloading, posting, emailing, analyzing or otherwise transmitting of Content by you.

You acknowledge that SneakersGames does not control in any respect any information, products, or services offered by third parties on or through this Website and the Digital Platform.

Except as otherwise agreed in writing, SneakersGames and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of Content or products distributed or made available by third parties through this Website and the Digital Platform.

No advice or information, whether oral or written, obtained by you from SneakersGames or through or from the Website and the Digital Platform shall create any warranty not expressly stated in the Agreement.

5.2 Liability exclusion

To the fullest extent permitted by law, SneakersGames nor its directors, affiliates, subsidiaries, contractors, agents, representatives or employees or providers will under any circumstances (unless in case of gross negligence or willful misconduct) be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website and the Digital Platform by you or any other person, and regardless of any negligence or other fault or wrongdoing by SneakersGames or its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers, and notwithstanding that SneakersGames or its directors, affiliates, subsidiaries, contractors, agents, representatives or employees or providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.

5.3 Release

You hereby release, remise and forever discharge each of SneakersGames and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons, from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, now or hereafter, from, relating to, or in connection with your access and use of the Website and the Digital Platform.

5.4 Indemnity

You agree to indemnify, defend and hold harmless each of SneakersGames and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Website and the Digital Platform, your uploads, downloads, posts, emails, analyses or otherwise transmissions of Content or information or your breach of this Agreement. You will assist and cooperate as fully as reasonably required by the Indemnified Parties in the defense of any claim or demand. Advice and information provided by SneakersGames and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers or their respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this Agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.

6. Termination of this Agreement and the Website and the Digital Platform

SneakersGames may, at any time and for any reason and at its sole discretion: (a) change, suspend or terminate, temporarily or permanently, the Website and the Digital Platform or any part or functionalities; or (b) restrict, suspend or terminate (in whole or in part) your User License, account, password, permission to access or use the Website and/or the Digital Platform and/or remove and discard any Content you may have contributed to or gained from the use of the Website and/or the Digital Platform; all without any notice or liability to you or any other person.

You agree that any termination of your access to or use of the Website and the Digital Platform under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that SneakersGames may immediately deactivate or delete your User License and all related information and/or ban any further access to the Website and/or the Digital Platform. An account terminated by SneakersGames will possibly not be backed-up for any reason and can be immediately deleted from our servers. Further, you agree that SneakersGames shall not be liable to you or any third-party for any termination of your access to the Website and the Digital Platform.

Should you object to any terms and conditions of these Terms of Use or become dissatisfied with the Website and/or the Digital Platform in any way, you can contact SneakersGames on the e-mail address octavian@sneakersgames.com or discontinue your use of the Website and the Digital Platform and/or terminate your account.

If this Agreement or your permission to access or use the Website and the Digital Platform is terminated or by you, or by a person you represent, or by SneakersGames, then: (a) these Terms of Use and all other then existing Agreements between SneakersGames and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website and the Digital Platform, and anything connected with, relating to or arising therefrom; and (b) SneakersGames may continue to use and disclose your personal information in accordance with the Privacy Policy as amended from time to time.

For free trail Users: At the end of your free trial period and after you have provided SneakersGames with all the required information, SneakersGames can contact you to ask if you would like to convert to a paid account, at which moment SneakersGames will also provide you with all the information in order for you to make an informed decision on this. If you decide to convert your account, your Content and access or use of the Website and the Digital Platform will continue without any loss of data and without the possible consequences as described above.

7. Miscellaneous Matters

7.1 Governing Law – Dispute Resolution

All issues, questions and disputes concerning the validity, interpretation, enforcement, performance or termination of this Agreement shall be governed by and construed in accordance with Belgian law, without giving effect to any other choice of law or conflict-of-laws rules or provisions (Belgian, foreign or international) that would cause the laws of any jurisdiction other than Belgium to be applicable.

Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be submitted to the sole jurisdiction of the Courts of the registered office of SneakersGames.

7.2 English is Governing Language

This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by SneakersGames are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement.

7.3 Our Relationship

This Agreement does not create any relationship of principal and agent, partners, joint ventures, employer and employee, fiduciary or similar relationship between the parties. You are not authorized to make any promise, warranty or representation on behalf of SneakersGames or obligate or attempt to obligate SneakersGames in any manner whatsoever. You shall not represent to any person that you are the agent of SneakersGames, nor fail to correct any misunderstanding as to such status.

7.4 Assignment

SneakersGames may freely assign or transfer any or all of the rights and obligations described under this Agreement without your consent and without notice to you. You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of SneakersGames. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assignees.

7.5 Severability

If any provision of this Agreement is declared or determined by any court to be unenforceable or invalid: (i) the validity of the remaining parts, terms or provisions shall not be affected by that determination; (ii) the unenforceable or invalid part, term or provision shall not be deemed to be part of this Agreement; and (iii) such court may substitute a provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by applicable law.

7.6 Publicity

You shall not issue or make any publicity release (including press releases and advertising of services rendered by SneakersGames) or other public statement: (i) relating to this Agreement; (ii) using SneakersGames’s name or referencing to SneakersGames or its services for any other purpose than promoting the Website and the Digital Platform; or (iii) suggesting or implying any endorsement by SneakersGames without the prior written approval of SneakersGames, which SneakersGames may withhold at its sole discretion.

You agree that SneakersGames may provide all legal communications and notices to you electronically by posting them on the Website or Digital Platform, at their election, by sending an e-mail to the e-mail address you provided to SneakersGames. You may withdraw your consent to receive communications electronically by contacting SneakersGames. However, if you withdraw your consent to receive communications electronically, you must discontinue your use of the Website and Digital Platform.

7.7 Entire Agreement – Amendment

This Agreement constitutes the complete and exclusive Agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other Agreements, oral and written, between the parties relating to this subject matter. SneakersGames reserves the right to amend this Agreement at any time. When SneakersGames amends this Agreement, SneakersGames shall make reasonable efforts to provide you with general, not specific, notice of such changes by posting a conspicuous announcement at the Website and/or the Digital Platform that; (i) such changes or amendments have occurred; and (ii) identifying which particular provisions have changed. Such announcement shall be maintained for no less than thirty (30) days following the effective date of such amendment. Your continued use of the Website and the Digital Platform, following the posting of such amendment will signify and be deemed your assent to and acceptance of the revised Agreement. You agree that you have the burden to periodically review the Website and the Digital Platform to inform yourself of any such changes.

7.8 Waiver

The waiver or failure by SneakersGames to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of SneakersGames set forth in this Agreement are cumulative and are in addition to any rights or remedies SneakersGames may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.

7.9 Force Majeure

SneakersGames shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, SneakersGames.

7.10 Notices

Except as otherwise expressly provided herein, any notice, request, approval, authorization, consent, demand or other communication required or permitted to be given or made pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from SneakersGames if sent via email, as date stamped by SneakersGames’s systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.

7.11 Headings/Interpretation

The table of contents and the descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.