Terms and Conditions of Use

These Terms and Conditions (“Terms”) as published and located at “https://agaiaonline.com/tos” comprise the terms and conditions - as amended from time to time - under which "Agaia Online Services" provided by Agaia Online, will supply and regulate the use of the online games and other services, such as forums and support systems. You accept these terms as a private individual or on behalf of the entity you represent (“Company”) (together with its Affiliates) by either: physically or electronically accepting a Contract incorporating the Terms; or accessing and using the products or services with "Agaia Online".

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

By using the Services, you accept and agree to be bound and abide by these Terms of Use and if you do not agree to these then you are exempt from using any services provided by Agaia Online.

Privacy Notice: The retention and use of your personal information will be controlled and governed by Agaia Online Privacy Policy. Please review our Privacy Policy found at https://agaiaonline.com/privacy, which also governs the use of the Services.

Agaia Online may change these Terms at its discretion, and at any time, to the extent that is consistent to applicable laws and regulations. You are otherwise responsible to check this page regularly to make note of any changes. Your continued use of the Services means that you accept and agree to the changes of the Terms.

Scope and Subject of the Terms and Conditions of Use

Agaia Online provides the Agaia Online Services for use exclusively by private consumers. The Agaia Online Services can be used either in the form of free online games and services or as online games and services to which certain virtual articles and rights can be acquired in return for a payment. In some cases the Agaia Online Services can also be used in return for a one-off or regular fee ("Memberships"). Unless these Terms and Conditions of Use explicitly provide otherwise, they likewise apply to paid Agaia Online Services, including the memberships. The paid acquisition of virtual articles or rights and membership arrangements are additionally subject to the Special Terms and Conditions for the Paid Acquisition of Virtual Articles and the Arrangement of Fee-based Memberships ("Special Conditions").

1. Account

1.1 Account Registration
A registered “Account” is required to use Agaia Online Services. By default, Agaia Online, will allow Account registration under the condition that you have no record of restriction using our Service. If it is your first time registering our Account, you may be asked to indicate your age and must meet the legislative requirement where you reside. If you are a minor child, Agaia Online may prohibit account creation or ask you to provide consent from your parents or legal guardian. It is not allowed to create or use an Account on behalf of a legal entity or for a commercial purpose. Please note that the legal age requirement is PEGI 13.

1.2 Account Security
Each consumer is responsible to secure his/her Account and login information. Agaia Online will not be liable for any issue that is related to your Account and login information under the condition that there are no intentional actions or gross negligence from Agaia Online. In the event you become aware of or suspect any breach of account security, including without limitation any loss, theft, or unauthorized disclosure of the login Information, you must immediately notify Agaia Online through the official communication channels.

1.3 Account Termination
Agaia Online may terminate your Account at its sole discretion without any prior notice including but not limited to your Account becomes inactive or not being used for more than one year; is not active at all; the consumer breaches the terms provided in this agreement; we suspect unlawful activity from the consumers Account. Agaia Online has no obligation to reimburse any of the Virtual currency or virtual goods lost acquired through donations due to one of the previously mentioned termination scenarios and you also acknowledge that Agaia Online is not liable to provide a refund for any reason. Your unused Virtual Currency and Virtual Goods in your Account will be removed without any compensation regardless that the termination was voluntary or involuntary. In the event that Agaia Online ceases to provide the Service, Agaia Online will provide you with no less than one month (30 days) prior notice from the date the Account becomes terminated. The consumer is fully responsible for any problem that may occur due to inaccurate information provided when registering an Account and the consumer also acknowledges that Agaia Online reserves the right to terminate the Account if the information that provided is inaccurate or not up to date. Account termination can also be requested by the Account holder.

2. Service Availability

2.1 Agaia Online is entitled to interrupt the operation of the Agaia Online Services without prior notice if there are urgent technical reasons or because of necessary maintenance works. In all other cases reasonable advance notice will be provided using suitable means.

2.2 Agaia Online Services are accessible for 24/7 throughout the whole year. However, the accessibility of the Service is subject to shutting down the Service, in whole or in part, for any period Agaia Online deems appropriate to enable the update or technical maintenance of the Service, or any other action that Agaia Online determines in its sole discretion. Agaia Online may make amendments to the Service or restrict access (including cancellation, termination, modification or suspension of a User’s Account) from all or specific Users without notice. Additionally, the Service may be unavailable depending on geographical location.

3. Usage and Responsibility

3.1 Agaia Online Services are solely intended for the entertainment purposes of private consumers only. It is prohibited to use them for the purpose of making a gainful profit. Exceptions to this require the express, prior written consent of Agaia Online.

3.2 The user is responsible for the up-to-dateness and suitability of the software and hardware used by him, particularly for the purpose of using any new releases or other updates of the Agaia Online Services.

3.3 The Agaia Online Services are subject to the applicable rules of gaming or use ("Rules"), if in existence, through which the Agaia Online rights of possession and ownership are set out in detail. If there are any contradictions between the Terms and Conditions of Use and the Rules, these Terms and Conditions shall take precedence, unless the Rules are accorded priority in the specific case.

3.4 To use the Agaia Online Services the user must be registered. This does not apply in those cases in which an exception is made to the registration requirement (e.g. with the tag line "play right now!"). The user must always be registered to save a game state.

3.5 Users must be individual natural persons (Account sharing is not permitted). Registration must be completed personally. Registration via third parties is not permitted.

3.6 During the registration process the user is required to enter certain data such as a player name and an email address registered in his name. The user has no entitlement to be assigned a particular player name. The player name may not infringe any third-party rights or any relevant legal regulations nor may it offend public decency. The user is expressly responsible in this respect. It is likewise not permitted to use an email or internet address as a player name. The information provided by the user when registering must be fully truthful and complete. The user is obliged to continually update the information provided when registering. If required for the execution of the license agreement, Agaia Online shall be entitled to demand suitable proof of identity which will be deleted promptly following verification.

3.7 By entering the requisite data on one of the Agaia Online internet pages, the user is submitting an offer to conclude the license agreement regulated herein. Agaia Online accepts the offer by activating the user account. Agaia Online is entitled to make the activation of the user account dependent on the user validating his email address (opt-in procedure). This is performed by Agaia Online sending the user an email confirming the receipt of the offer and containing a request for the user to validate his email address. At the time of the activation performed by Agaia Online a licence agreement will be established between Agaia Online and the user in accordance with these Terms and Conditions of Use. In some cases the registration process may be different from that described here - particularly when registering via third-party websites (such as social networks). In such cases the user will be instructed on how to submit the contractual declaration required for the licence agreement.

3.8 As an alternative to the registration via Agaia Online's web pages, Agaia Online can enable registration via the relevant functions of other websites or social networks (e.g. "Facebook Connect"). In this context, once the user has given his consent to the relevant website operator, his personal data may be relayed to Agaia Online. Use of this kind of registration procedure requires the user to be registered with the applicable website or social network in accordance with the rules and regulations applicable there. The provisions of this Section 3 [Note: Text referenced Section 2, assumed Section 3 was intended for registration context] correspondingly apply for the conclusion of contract.

3.9 Once the registration has been successfully completed, the user creates a user account which he can independently administer. The user may create an account on the Agaia Online portal or on the relevant Agaia Online website. The user can also use the user account created on Agaia Online's portal for all other online games linked by Agaia Online with the Agaia Online portal. Unless otherwise indicated when creating the user account, the user account created on an online game page is solely intended for that online game on the page on which the account was created; it cannot be used for other online games. Agaia Online reserves the right to implement technical arrangements (e.g. in the form of a portal) that enable user accounts to be simultaneously used for several Agaia Online Services.

3.10 The user account may not be transferred or made available to other parties without the consent of Agaia Online.

3.11 Unless permitted under the Rules, the user is not entitled under any circumstances to use the log-in data of another user.

4. Use of the Agaia Online Services

4.1 The Agaia Online Services include contents of all kinds which are protected under trademark law, copyright or otherwise protected in favour of Agaia Online or in favour of third parties. Unless explicitly permitted by Agaia Online, the user is not entitled to modify, reproduce or publicly disseminate the Agaia Online Services or the content made available therein, nor may he use these for advertising or any other purpose other than the contractually agreed one. Reproduction is only permitted where this is technically necessary for the purpose of using the Agaia Online Services as contractually agreed. It is not permissible to modify, conceal or remove copyright notices and trademark names.

4.2 "Content" is understood as encompassing all data, images, texts, graphics, musical pieces, sounds, sound sequences, videos, programs or software code and any other information provided by Agaia Online. "Content" is specifically also understood as encompassing all offers of services made available for download.

4.3 The user is duty bound to desist from anything that could jeopardize or interfere with the Agaia Online Services and he may not access data which he is not entitled to access.

4.4 The user has no entitlement to the publication of contents within the ambit of the Agaia Online Services.

4.5 It is not permissible to use the Agaia Online Services via anonymization services or similar means capable of suppressing or concealing the real IP address or the origin of the user.

5. Use of Client Software

5.1 Agaia Online grants the user, in relation to services which require the prior installation of client software to enable their use, the non-exclusive (ordinary) right, limited to the duration of the licence agreement, to install and use the client software. The user is only permitted to reproduce the client software insofar as this is necessary for the contractually compliant use of the software. All forms of commercial use of the software are prohibited. Any modification of the client software or the retranslation of the supplied program code into other code forms (decompilation) as well as any other forms of reverse engineering of the various software production phases are prohibited to the extent these are not required to obtain the information necessary to establish interoperability of the client software with other programs, and if the establishment of interoperability cannot be otherwise demanded particularly from Agaia Online and the relevant data is not used for any purpose other than establishing interoperability and these actions are performed by the user only.

6. Special Conditions for the Use of the Online Games

6.1 Unless the Rules allow exceptions, the user may participate in each round of an online game (e.g. world, universe etc.) using one user account only. It is not permissible to use multiple user accounts ("multi-accounts"). Agaia Online is entitled at any time at its own discretion to block or delete unauthorised multi-accounts.

6.2 The user is prohibited from manipulating the online game in any way. The user is not entitled to employ any measures, mechanisms or software that could interfere with the functionality or the course of the game. The user is prohibited from any actions which could result in an unreasonable or excessive load on the technical capacities. The user is not permitted to block, overwrite, or modify the content generated by Agaia Online or to otherwise interfere with the online game.

6.3 The user is prohibited, moreover, from running the online game on other programs apart from the internet browser or the supplied client program. This especially refers to bots or other tools that are designed to replace or augment the web interface. It is likewise prohibited to use scripts and programs that give the user an advantage over his co-players. This also includes auto-refresh functions and other integrated mechanisms of the internet browser to the extent these concern automated processes. Log-in is only permitted via the Agaia Online Services and the third-party pages integrated by Agaia Online (e.g. portals or social networks).

Under no circumstances may the user:

• a) create or use cheats, mods, hacks and/or software that alter the online game experience,
• b) use software that facilitates "data mining" or otherwise captures or collects information in connection with the online games,
• c) buy or sell virtual articles originating from the Agaia Online Services donation system, from third parties in return for real means of payment, nor may he exchange these goods or attempt to negotiate any of the aforementioned transactions unless this is permissible in the individual case.

This also includes all actions equivalent to the aforementioned prohibited activities.

6.4 All rights to the virtual articles used in the online games and acquired in return for donations belong exclusively to Agaia Online except where used in accordance with these Terms and Conditions of Use.

6.5 It is not permissible to use private servers, i.e. servers held by users or third parties that enable, establish or maintain unauthorised connections to Agaia Online Services, particularly by means of programs the use of which has not been explicitly approved by Agaia Online, or which emulate or attempt to emulate the Agaia Online Services.

7. Special Conditions for the Use of Communications Facilities

(In particular discussion forum, chat, blog and comment functions)

7.1 Agaia Online can provide the user with various communications facilities for its own content and contributions, which the user may use within the terms of the relevant availability. Agaia Online in this respect solely provides the technical facilities for the exchange of information. There is no entitlement to the provision of such communications facilities.

7.2 The user is prohibited from publishing or disseminating content (e.g. images, videos, links, names, texts) within the Agaia Online Services, if this:

• a) violates the applicable law or is unethical.
• b) infringes trademarks, patents, copyright, other industrial property rights, business secrets or other third-party rights or in-house build software.
• c) is obscene, racist, glorifies violence, is pornographic or liable to corrupt the young or otherwise endanger or impair the development of children and young people.
• d) is insulting, harassing, libelous in character or is otherwise prejudicial to an individual's rights of personality.
• e) contains chain letters or pyramid schemes.
• f) creates the false impression of being provided by, supported, or employed by Agaia Online.
• g) contains the personal data of third parties who have not consented to its inclusion.
• h) is commercial in character, particularly having an advertising effect.

7.3 The user is obliged moreover to choose appropriate wording and not to disseminate any political or religious content or content with sexual references.

7.4 Agaia Online does not claim any ownership to the content provided by users. The user nevertheless grants Agaia Online the permanent, irrevocable and non-exclusive right to use the content and contributions made by him within the ambit of the Agaia Online Services. Agaia Online indicates that the content entered is at best subject to active sampling checks, but this is not a seamless monitoring method. The user, moreover, has the possibility of reporting to Agaia Online content that is possibly illegal. Agaia Online will thereupon respond promptly and, insofar as required, will edit or delete the reported content.

8. Consequences of a Breach of Duty

8.1 If Agaia Online objects to specific content, the user must promptly remove it if there is any doubt. Agaia Online reserves the right to remove this content itself.

8.2 Notwithstanding all other statutory or contractual rights, particularly the right of termination for cause pursuant to Section 9.2 of these Terms and Conditions of Use [Note: Reference updated based on context], using its discretion Agaia Online may undertake one or more of the following actions if there are actual circumstances that genuinely indicate that a user has violated these Terms and Conditions of Use or the relevant applicable supplementary conditions and Rules, unless the user is not responsible for the violation:

• a) amend or delete content,
• b) issue a warning to the relevant user,
• c) announce the misconduct in the relevant online game and disclose the player name,
• d) temporarily block the user account and
• e) exclude the relevant user, including for future cases.

8.3 Once a user has been excluded, he may not register a new user account without the prior consent of Agaia Online.

9. Contractual Term; Deletion of User Accounts

9.1 Unless otherwise explicitly stated during the registration procedure, the agreement for the use of the Agaia Online Services shall be concluded for an indefinite period. Provided no fixed term has been agreed, both parties are entitled at any time to cancel the agreement for convenience with a notice period of two weeks. If a fixed term was agreed, the agreement can only be cancelled for convenience upon expiry of the term. If no cancellation is issued, the applicable fixed-term agreement shall be automatically extended by the originally agreed term.

9.2 Each party has the right to terminate the agreement for cause without notice if a material reason exists. A material reason is specifically established if:

• a) The user is in default of payment of fees (if applicable) and fails to pay despite having received a reminder or if the user uses paid Agaia Online Services without authorisation,
• b) There are actual circumstances that indicate that his conduct is significantly and negatively impacting on the gaming experience of other users,
• c) The user materially breaches laws, the provisions contained in Sections 3, 4, 5, 6 or 7 of these Terms and Conditions of Use, supplementary applicable conditions and/or Rules, unless he is not responsible for the violation.

9.3 Every cancellation/termination must be communicated in writing. Cancellations issued by email satisfy the written form requirement. Cancellations may also be issued using the cancel function integrated into the web page of the online game in question.

10. Amendments, Miscellaneous, Communication, Severability

10.1 All users that are using the services of Agaia Online, are bound to the Terms and Conditions of use and unequivocally consent and accept data processing in accordance with GDPR. Any requests to delete personal data shall be sent via writing via email at [email protected].

10.2 The user is only entitled to perform an offset if his counterclaim is legally enforceable (by way of a res judicata decision) or has been authorised or is not disputed by Agaia Online. The user may only exercise a right of retention of his claims are established under this agreement.

10.3 Agaia Online as a rule shall communicate with the user by email unless other provided for within these Terms and Conditions of Use. The user shall ensure that the email address used for the registration is regularly checked for messages from Agaia Online. If the user contacts Agaia Online, he must state to which online game and which user account he is referring. Agaia Online shall provide the user with a support system for support issues. Agaia Online is entitled to instruct the user to communicate exclusively via the support system regarding support issues.

10.4 If any individual provisions of these Terms and Conditions of Use should prove to be unenforceable, the remaining provisions shall remain enforceable. The unenforceable provision shall be substituted for the relevant statutory provision.

10.5 The terms of service provided may suffer modification without any notice and the user consents irrevocably to abide by the TOS. Review of the updated TOS falls under the consumers responsibility.

11. Definitions

- User: person which uses the services or products of “Agaia Online” being identified through a unique ID.

- Service: The supplying or supplier of entertainment services or products for the public.

- In-House developed software: software developed by the organization itself for the user, provided free of charge.

- Donations: Benevolent financial contribution of the user to maintain and cover service-related costs. Donations do not provide any advantage to the user. Special cosmetic items are available only through donations and provide no advantages over other users of the service. Their utility is limited and only provide visual aesthetics and/or changes.

- Premium Services: Aesthetic/artistic items available only for consumers which financially support, by their own choice and free will, Agaia Online Project maintenance costs and future development.

- Premium Currency: Virtual currency obtained via donation for the acquisition of items from the donation shop.

Special Terms and Conditions for the Paid Acquisition of Digital Goods and Premium Services and the Arrangement of Memberships

1. Subject of the Special Terms and Conditions

1.1 These Special Terms and Conditions (‘conditions’) complement the Standard Terms and Conditions of Use from Agaia Online. They cover the paid acquisition of usage rights to digital goods. ‘Digital goods’ are (i) the client software for online services which are either already available or will be released at a later point in time, (ii) premium currency and (iii) individual items or those bundled in a package for the online games run by Agaia Online. The conditions also govern the acquisition through donations of additional game services (‘premium services’) and the arrangement, execution, and termination of paid memberships as per Section 1.2 of the Standard Terms and Conditions of Use [Note: Check reference if needed].

2. Special Terms and Conditions for the Paid Acquisition of Digital Goods and Premium Services

2.1 The user can purchase the usage rights to a piece of software that is either already available or will be released at a later date, which enables the installation and use of an online game offered by Agaia Online either at the time of purchase or at a later date, in accordance with the Standard Terms and Conditions of Use (‘client software’). Agaia Online will then provide the client software of an already available online game for download by the user. Should the online game not be available at the time of purchase of the usage rights (pre-order), Agaia Online will indicate the date of release on the order site and enable access for use from this point in time. The release date should be seen as a non-binding delivery date. Where justified, in particular for the purposes of fixing problems, Agaia Online is entitled to push the release date back to a date no later than three months after the originally stated release date.

2.1.1 The user consents to enter into an agreement for the purchase of usage rights for the client software by selecting the client software (or bundle including the client software and other digital goods) for the relevant online game on a shop site offered by Agaia Online and clicking either the appropriate ‘Buy now’ or similarly labelled button. The agreement is established by Agaia Online sending the user confirmation of the agreement to the email address they provided. In contrast to Section 3.7 of the Standard Terms and Conditions of Use [Note: Text referenced 2.5, assumed 3.7 context], a licence agreement can also be concluded when Agaia Online creates a user account and links this to an email address provided by the user after completion of the donation process. Agaia Online will indicate as such in individual cases.

2.1.2 Content and scope of the licence agreement reached according to 2.1.1 are determined by Section 3.3 of the Standard Terms and Conditions of Use.

2.2 The user can purchase via donation system a virtual currency whose use is limited to the user account from which the donation process was completed as per these conditions (‘premium currency’). The premium currency may have a different name in each of the different online games.

2.2.1 The user consents to conclude the agreement for the purchase of premium currency by selecting the amount of premium currency they wish to purchase from a shop page provided by Agaia Online, and then clicking on the appropriate ‘Buy now’ or similarly labelled button. The agreement is established once Agaia Online has credited the user’s account with the premium currency.

2.2.2 In crediting the premium currency to the user, Agaia Online grants them the ordinary, non- transferable right limited to the contractual period to acquire virtual goods (‘shop items’) or premium services offered by Agaia Online within the relevant online game and more closely described there, provided the premium currency credited to the user account is sufficient for the purchase in question. The premium currency shall be debited from the user account to the amount corresponding to the designated value of the shop item or premium service.

2.2.3 The user’s right to the acquired premium currency ends subsequent to the termination of the licence agreement regulated by the Standard Terms and Conditions of Use. In the event that the user account is blocked in accordance with Section 8.2(d) of the Standard Terms and Conditions of Use [Note: Text referenced 6.2(d), assumed 8.2(d)], Agaia Online is entitled to refuse performance for the duration of the block.

2.2.4 The right to use the shop items or premium services acquired pursuant to Section 2.2.2 ends subsequent to termination of the licence agreement regulated by the Standard Terms and Conditions of Use. The user has no entitlement to use the shop items or premium services for a minimum period of time, unless the description of the shop item or premium service specified a particular minimum period of time at the time of purchase.

2.3 The user can donate to obtain virtual items (‘items’) and premium services either individually or bundled together. These items and premium services can only be used for the respective online game and in general only for the user account which was used to make the respective payment.

2.3.1 The user consents to conclude the agreement for the purchase of items or premium services only through the donation system by selecting the items or premium services they wish to purchase from a shop page provided by Agaia Online, and then clicking on the appropriate ‘Donate’/‘Acquire’ or similarly labelled button. The contract is concluded once Agaia Online has credited the user’s account with the items or supplied the premium services.

2.3.2 The right to use the items or premium services acquired pursuant to Section 2.3.1 ends after termination of the licence agreement regulated by the Standard Terms and Conditions of Use. The user has no entitlement to use the items or premium services for a minimum period of time, unless the description of the item or premium service specified a particular minimum period of time at the time of purchase.

2.4 The purchase of the respective digital goods and premium services is made using payment service providers integrated by Agaia Online, which generally offer the user various forms of payment (‘payment methods’). The user can select his preferred payment method from those available and acknowledges that in general a contract for the execution of the transaction made with their preferred payment service provider will be based on the terms and conditions of the provider in question.

2.5 The user may withdraw their offer pursuant to Sections 2.1.1, 2.2.1 and 2.3.1 at any time up to the completion of the individual steps required to trigger the payment transaction via a payment service provider as defined in Section 2.4. Up to this point it is also possible to correct details entered by clicking on the back button in the browser.

3. Special Terms and Conditions for the Arrangement of Fee-based Memberships

3.1 By entering into a membership arrangement, for the (minimum) term selected by them, the user shall gain access to special benefits within the online game (e.g. special features), which are not available to non-members. Memberships can be acquired through the donation system or in-game, free of charge after completing specific steps.

3.2 The user selects the (minimum) term of the membership and the relevant price required, therefore. On the same page, the user selects the payment method and thus the payment service provider. Sections 2.2.1, 2.4 and 2.5 apply accordingly. The amounts payable for the membership are payable in advance at the start of the membership term.

3.3 The membership can be cancelled without notice at any time up to the end of the respective membership term. Cancellations may be issued by email or in writing. If a cancellation function is integrated into the user account administration, this can also be used to issue a cancellation. Provided the payment method selected by the user does not preclude an automatic renewal, following the end of the term the membership shall be automatically renewed by the originally agreed term, unless it is cancelled by one of the parties prior to expiry. Prior to entering into the membership arrangement, the user will be informed of the possibility of automatic renewal or the absence thereof.

4. Purchase of Digital Goods, Premium Services and the Arrangement of Memberships for the Benefit of the User

4.1 The contractual partner for services offered by Agaia Online as per Sections 2 and 3 of these conditions may also be a person other than the user and who only purchases the services for the benefit of the user (contract to the benefit of third parties). This will be the case particularly if the owner of a means of payment through donation for the purposes of Section 2.4 (e.g. the holder of a credit card, bank account, telephone line, etc.) wishes to acquire the service on offer for the user in question.

4.2 In the cases described in Section 4.1, the services in question may only be demanded from Agaia Online by the holder of the user account to be credited. Agaia Online provides its services directly to the user in question.

5. Reimbursement of Money and Payment in the Event of Cancellation

5.1 All donations for items and services are made by free will of the consumer and help the maintain the service and cover other service-related expense costs. Refunds for donations are not possible.

6. Other

6.1 No additional costs are incurred other than the basic charge for establishing and maintaining internet access and the price for the services provided by Agaia Online pursuant to Sections 2 and 3.

6.2 Agaia Online provides billing support via our official Discord Support Channel. No billing support is offered via other channels (e.g. telephone, social media etc.).

6.3 Every donation is final and using/involving 3rd parties to charge back without any written attempt to contact Agaia Online Billing Department (our official Discord Support Channel) to handle any claims/concerns, will result in a contractual & service termination without any prior notice and exclusion from current and future Agaia Online Services.

12. Limitation of Liability

12.1 Agaia Online will not be responsible for any damage or loss caused to consumer where such damage or loss is not reasonably foreseeable to consumer and Agaia Online when using the Service, including where the damage or loss results from our breach of these Terms.

12.2 The Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms we will not be liable to you or to any other person in the event that all or part of the Service is unavailable, discontinued, modified or changed in any way.

12.3 Agaia Online does not accept any responsibility for:

• (a) any damage or loss caused to you where you are not entering into these Terms as a consumer;
• (b) any failure, any suspension and/or any termination of access to the Service or any content in connection with or arising out of a force majeure event. In these Terms, a “force majeure” event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or
• (c) any claims brought against you by a third party except as stated in these Terms.

12.4 Nothing in these Terms will restrict your statutory rights as a consumer (including your rights to state or to receive a reasonable standard of service, to the extent applicable to you under relevant law).

12.5 The consumer agrees that he/she will compensate Agaia Online, its partners, affiliates, contractors, licensors, officers, directors, employees, and will defend, protect, indemnify and hold harmless to Agaia Online from any claims, lawsuits, damages, losses, liabilities and expenses (including reasonable legal and attorney fees) arising directly or indirectly out of or in conjunction with your acts or omissions including use, or misuse of the Service and breach of the Terms. Agaia Online reserves the right to assume exclusive defense and control over all matters subject to indemnification by consumers.

Notice regarding Online Dispute Resolution

Agaia Online is not obligated and does not intend to participate in such proceedings.