Last modified: 2021/12/01
- Purpose of the Platform
- Battlelab (“Battlelab“, “we,” “us,” or “our“), a Hong Kong registered company that offers multiple competitive gaming services such as PVP Matchmaking, which facilitates players to compete with other players from around the world either alone or as a team. We offer a Tournament system that is accessible to all Battlelab users where they can host their private or public tournaments, available at battlelab.gg.
- Battlelab offers a Social System that allows players to connect with friends, other players or make new friends online. Players will be able to customize their own player profile, and interact with each other on the social feed. Players can also recruit other players they meet on the social feed into their teams.
- Battlelab offers an NFT Marketplace where players can conveniently buy or sell their NFT items on the Battlelab marketplace. Players can browse and discover the available items that are for sale on the marketplace. The Marketplace is a great way for players acquire or earn in on their rare NFTs.
- Battlelab offers a Marshal System where players that play can earn, and users can host a room and be the referee. The Marshall System will benefit both the players and the hoster.
- Battlelab offers a Gaming Academy where Pro players can create learning courses for players to enroll. Through the Gaming Academy, Battlelab platform will collect player statistics and users to develop Ai feature in the platform for players to learn from.
- Permission to Use the platform
- Subject to the terms and restrictions of these Terms, you are upon the completion of the registration process on the Platform as described herein granted a limited, revocable, non-exclusive and non-transferable right to during the validity of these Terms – as a User – access and use the Platform, solely for the purposes outlined in herein-above. The use of the Platform is subject to the applicable fees and other payments set out hereunder.
- For the avoidance of doubt, users are not granted any other licenses in respect of the Platform or otherwise other than expressly set out herein.
In order to use the Platform as a user, you need to register and maintain a “User Account“. To register a User Account on the Platform, You must:
- be a natural person;
- be at least thirteen (13) years of age. However, if You are below the age of eighteen (18), you need to have your guardians’ approval to register a User Account. Furthermore, to conduct any payments or transactions on the Platform, you need to be at least eighteen (18) years of age or have Your guardians’ approval to conduct the payment or transaction;
- submit Your email address and otherwise complete the registration process as follows on the Platform (and as further detailed herein); and
- comply with these Terms at all times.
Officers, directors and agents of Battlelab and its affiliates are not eligible to participate in any Competitions, other than for test and product development purposes.
- Required Information Upon Registration
- Upon registration and/or during the processing of payments to or from Your User Account, You may for such purposes be required to provide the following information:
- an alias that will be the username, ii) a password, iii) Your e-mail address, iv) birthdate or a confirmation that You are 18 years or older, where such a confirmation is mandatory, v) full name, vi) permanent residential address, vii) phone number, viii) game related information, such as game accounts/nicknames, and ix) credit card or other payment information, if playing in pay-to-enter Competitions or purchasing other Services.
- The information provided must be true, accurate, current and complete, as requested. If Battlelab has sufficient reasons to suspect that You are registering a User Account with purposely incorrect information, Battlelab reserves the right to suspend, or if needed, terminate Your User Account. Battlelab also reserves the right, in its sole discretion, to change and/or suspend or terminate offensive and/or inappropriate usernames.
- Your use of the Platform and Services hereunder may – depending on what functions of the Platform You wish to use or which Services You wish to access – require You to pay one or more of the fees as set out in points i-iv below.
- an entry fee to participate in certain pay-to-enter Competitions, as further described in these terms;
- certain one-off fees or subscription fees for purchasing Services on the Marketplace, through Spaces, or as otherwise are available on the Platform;
- a transaction fee and/or an administration fee to Battlelab when You withdraw funds according to these terms;
- a platform fee when selling Services and pay-to-enter Competitions.
- User Accounts
- You are solely responsible for all obligations and compliance with these Terms and are entitled to all benefits accruing thereto. You may not allow any other person to access Your User Account, access the Platform, accept any prizes, offer any Services or participate in any Competitions using Your User Account. Your User Account is not transferable to another person. All activities undertaken under Your User Account will be deemed to have been done by You.
- You are only permitted to register one active User Account on the Platform. Battlelab reserves the right, but is not obliged, to monitor any effort to establish multiple User Accounts. In the event it is discovered that You have opened more than one User Account in violation of these Terms, all Your User Accounts may be suspended or terminated without any notice. Battlelab reserves the right to deny access to those Users who use proxy servers and/or IP addresses residing in certain geographical areas.
- In consideration of the use of the Platform and Your User Account, You agree to:
- provide accurate, current and complete information about Yourself as may be reasonably required by any registration forms on the Platform (henceforth “Registration Data“);
- maintain the security of the password and identification;
- maintain and promptly update the Registration Data, and any other information, to keep it accurate and complete; and
- be fully responsible for all use of Your User Account and for any actions that take place using Your User Account, including all purchases that occur under Your account.
9. Deposits and Payments
- User Account owner may transfer funds to be deposited to your User Account (see below) or use the funds that have been awarded to You via prizes by playing in Competitions. The minimum limit for deposits to Your User Account on the Platform equals GBP three (3). No interest is payable on the funds. All payments must be made from a bank or payment account for which You are the named account holder. Battlelab also reserves the right to require You to confirm or validate any or all deposits previously made to Your User Account. You acknowledge that in the case of any dispute, Your validation may be used by Battlelab as evidence.
- As an account owner, users must deposit funds to their Accounts to pay for Services (such as a membership Subscription) or to participate in a pay-to-enter Competitions, the subsequent payment of the applicable fee(s).
- You do not need to deposit any funds to participate in free-to-enter Competitions or other free services or arrangements provided by Battlelab or Organizers.
10. Subscriptions and other paid Services
- As a member of a Space on the Platform (“Member“) You are able to attain additional benefits (as specified by the Space Owner) by paying for a membership Subscription, making a donation or by paying a one-time fee. Such paid Services are subject to the terms and limitations of the Platform as provided by us from time-to-time, and whether or not such paid Services are available in a certain Space is up to each Space Owner. Please see the Space Owner’s rules for further details.
- Some Competitions or series of Competitions may require You to pay for a ticket (also referred to as an entry fee) in order to be eligible to participate. In some cases, such an entry fee may be pooled together with entry fees paid by other participants to create the prize pool for the Competition at hand. Battlelab retains the right to charge a platform fee on all entry fee transactions paid by Users for a Competition.
- For clarity, Services are offered by other Users or Organizers (in this context referred to as “Service Providers“), and not by Battlelab or Battlelab employees. The fees for such Services are set by the Service Provider.
- By default, all payments are made with funds contained in Your User Account. In order to pay for such Services or Competitions mentioned above, You must have available funds. These Funds can be attained either by (i) depositing them directly to Your User Account through the third-party Payment Provider used by Battlelab for the Platform from time-to-time (ii) through promotions offered by Battlelab, or (iii) as a result of winning Competitions with monetary prizes funded via the Platform.
- You are fully aware of the fact that payments made to participate in Competitions, for membership Subscriptions, Marketplace Services or other activities on the Platform are generally non-refundable unless explicitly stated otherwise herein or as required by applicable mandatory law.
11. Withdrawals and Payouts
- Users may request a withdrawal of available funds from Your User Account at any time. Withdrawal privileges may be revoked to such an extent as reasonably required for security purposes when fraud or any other suspicious activity is suspected or if Your User Account has been banned.
- You are advised to contact our customer support at email@example.com if the withdrawal is not received by within three (3) business days from Your withdrawal request is made.
- To prevent fraudulent behavior and account hijacking, Battlelab reserves the right to, for such security purposes, require You or the credit card holder (if applicable) to submit proper identification and proof of eligibility prior to any request of withdrawal verification of identification, in order to ascertain the validity of a withdrawal request and Your identity. If such a request is made by Battlelab, withdrawal payments will not be made until proper verification is received by Battlelab. If we do not receive the required verification within (10) business days, the withdrawal request will be cancelled, the User Account in question will be suspended, and You will be contacted by email with further information.
- In accordance with the Anti-Money Laundering and Counter-Terrorist Financing (Amendment) Bill 2022, by entering into these Terms you acknowledge and agree that the delivery of our obligations commences and that there is no right to withdrawal. Notwithstanding the foregoing, you may terminate these Terms at any time in accordance with other applicable provisions stated hereunder.
- Any attempt to defraud the Platform through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by You to honor legitimate charges or requests for payment, or confirmation of deposits, will result in immediate termination of Your User Account and forfeiture of any prizes.
- Your interactions with Organizers or Users found on or through the Platform, including payments for and participation in any Services, are solely between You and such Users or Organizers. It is the responsibility of You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transactions and/or agreements with any of these third parties. You agree that Battlelab shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
12. Inactive accounts
- An inactive User Account is an account that has not been accessed by its User for an uninterrupted period of twelve (12) months.
- Once Your User Account is considered inactive, Battlelab will contact You via e-mail to inform You that the User Account may be closed thirty (30) days from dispatching such e-mail, unless You log in. Account closure means that any funds still residing in Your account balance may be transferred back to Battlelab to be used for promotional purposes, donated to connected charities or otherwise used to further improve the Platform.
13. Third-party Payment Providers
- Battlelab uses the services of third-party electronic payment processors and financial institutions (herein referred to as “Payment Providers“) to process deposits and withdrawals into and from the User Accounts. The deposit and withdrawal of funds to Your User Account is subject to these Terms, and where applicable, the third-party Payment Provider’s terms and conditions.
- You hereby authorize Battlelab to instruct such Payment Providers (e.g. PayPal) to handle Your User Account deposits and withdrawals from Your User Account, as reasonably required to provide the Services and Competitions on the Platform. You agree that Battlelab is not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third-party in connection with the use of the Platform.
14. Malfunctions, Fraud, Unauthorized Access and suspension or termination of user accounts
- The Platform is cloud based and provided via the Internet, and actual availability is hence dependent on factors partly outside of Battlelab’s control. You agree, without limitation, that Battlelab is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from the Competitions or Matches played on the Platform, or any incorrect or inaccurate results that may be posted on or in relation to a Competition or Match. You also agree that Battlelab is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Platform or Your User Account.
- Users may not:
- gain, or attempt to gain, unauthorized access to the Platform’s systems or any other User’s Accounts other than Your own, interfere with the communications, procedures or performance of the Platform or deliberately damage or undermine the Platform;
- affect the outcome of Your Match by means of or with the assistance of macros, bots, automated programs, cheating software, screen analysis utilities, player collusion, any type of modifications or otherwise commit fraud in relation to the Platform;
- alter the human skill component of any game played on the Platform;
- intentionally play poorly below Your skill level in order to be matched with a less skilled User;
- participate in any Competition offered on the Platform by means of automatic, macro, programmed bots, or similar methods, or to otherwise commit fraud with regard to the Platform; or
- attempt to decompile or reverse engineer any software contained on the Platform or Services.
- Battlelab, in its sole discretion, reserves the right to suspend or terminate any User’s User Account who is guilty of breaching any of the provisions set out herein, or who otherwise violates these Terms.
- For breaches of the Terms and Rules of Conduct that are deemed by Battlelab, in its sole discretion, to be unintentional or less serious, first-time offenders may receive an initial warning and may have their User Account suspended at the discretion of Battlelab. Repeated offences will be deemed to be intentionally violating the Terms. If You are suspected of having violated the Rules of Conduct, Battlelab reserves the right to suspend Your User Account, including any access to the Platform, or freeze the funds and any account balance or withdrawals pending for up to six months while an investigation occurs.
- If You have obtained any balances due to violation of the Terms, Battlelab reserves the right to withdraw such balances from Your User Account upon termination or removal of Your User Account and reuse the balances for promotional purposes, donations to connected charities or otherwise to further improve the Platform.
- We are not required to give you advance notice if we decide to close your account because of improper or unsatisfactory account activity or if you have not complied with these Terms or any other agreements, we have with you.
15. Closing of User Accounts
- Users have the right to close their accounts at any time, subject to giving a 30-DayS prior notice. We may or may not charge you a reasonable fee upon closing the account. If you decide to close your User Account, you should contact our support team on firstname.lastname@example.org.
- We have the right to close your Deposit Account, by giving you 10-Days written notice e-mailed to your address of record.
- Battlelab will upon Your termination of Your account as set out in these terms above transfer any remaining funds in Your User Account (subject to the deduction of relevant withdrawal charges) to Your connected payment method or payment wallet. However, if the termination of Your User Account is due to Your material breach of these Terms, You may – if the circumstances so require – not be entitled to refunds of any remaining funds on Your User Account.
- If You want to recover funds from closed, blocked or excluded User Accounts, User shall need to contact our customer support at email@example.com
16. Account Suspension
Upon receipt of a credible and validated complaint, Battlelab may elect to immediately suspend Your User Account implicated in the abuse. Suspension serves as a “final” warning and will prevent You from continuing the abusive spamming behavior.
17. Account termination
Upon receipt of a credible and validated complaint, Battlelab may immediately terminate Your User Account implicated in the abuse and may void any associated Prizes.
18. Matches and Matchmaking
- You acknowledge and agree that the Platform is a tool to communicate issued Match requests, the receipt of such requests between You and other Users, and the results of a Match. Battlelab does not in any way participate in any Match but may provide general support in Platform-related matters.
- By accepting a specific Match request from another User (or when participating in an automated matchmaking event (“Matchmaking“) conducted on the Platform), You expressly confirm that You have read and understood the terms and conditions under which You will participate in the Match.
- A Match generated from a Matchmaking event pairs players or teams together with an automated matching algorithm. Match requests may also be issued to You directly by other Users, in which case the matching is done based on the mutual preferences of the Users. Once You have joined a Match through Matchmaking or otherwise, You agree to play the Match to completion with any matched teammates or opponents.
- Players and/or administrators may agree to specific terms and rules for a given Match to be applied in combination with these Terms. If the terms and conditions applicable for each Match are in conflict with these Terms, these Terms shall prevail.
- Matches on Battlelab are organized by individual Users or by Organizers through their Spaces, unless explicitly stated otherwise. As such, Users that play in Matches are entering into activities created or organized by other Users or Organizers.
- Competitions are governed by these Terms in combination with the terms and rules applicable for each Competition. If the terms and conditions applicable for each Competition are in conflict with these Terms, these Terms shall prevail.
- By joining a Competition and confirming that You will participate, You expressly confirm that You have read and understood the nature of the Competition and the terms under which You will participate.
- Competitions on Battlelab are hosted by individual Users or by Organizers through their Spaces, unless explicitly stated otherwise. As such, Users that play in competitions or participate in activities are entering into activities created or hosted by these above-mentioned parties.
- Users and Organizers who want to offer their Services (in this context referred to as a “Service Provider“) on the Platform can sell such Services through the Marketplace by creating a listing of the Service they want to offer. Other Users may then browse such listings of Services offered by Service Providers, and purchase these Services through the Marketplace.
21. Third-party Organizers
- Battlelab is not the host of the Services, activities or Competitions available in any of the Spaces on the Platform, unless explicitly stated otherwise. Battlelab is rather an intermediary for the Services provided by Service Providers. As such, Users that play in Competitions or participate in Services or activities are entering into arrangements created and organized by these Service Providers.
- Users and Organizers can create a Space on the Platform. Users and Organizers that host such Spaces are within that context referred to as “Space Owners“. Spaces may be either closed or open on the Platform as per the choice of the Space Owner. Within a Space, Space Owners are able to offer other Users various Services including but not limited to, Competitions, gaming experiences, and other esports related Services.
- Depending on what rules the Space Owner has set for the Space, You as a Member might need to pay the applicable fee to get access to all the competitions and content available in the Space.
- Members that breach the rules of the Space or any relevant provision of these Terms or other applicable policies may lose their status as a member and get banned from the Space at hand. This includes losing access to any Services within such Space. Also, any active Subscriptions for said Space may be terminated. Banned members are not granted refunds unless the Space Owners deem it appropriate, at their own discretion.
- If You discover a Space’s particular rules to be in conflict with these Terms or our general policies, please contact us.
22. Prizes and Currency
- Any prizes won by You on the Platform are awarded to You in their entirety. Any and all national, provincial, state, and local taxes due in connection with any prizes awarded, are Your sole liability and responsibility.
- If the Competition has an entry fee and is organized by an Organizer, the Organizer may choose whether or not to use any entry fees paid by participants towards the prize pool of the Competition or if all or some of such proceedings shall be taken as commission on the part of the Organizer.
- Users and Organizers that offer prizes to participants of Competitions are obligated to deliver such prizes, monetary or otherwise, to the winners of the Competitions in a timely manner. Battlelab reserves the right to temporarily or permanently ban Organizers who violate these rules. However, for the avoidance of doubt, Battlelab is under no obligation to provide and does not guarantee any prizes, offers or winnings offered by third-party Organizers.
- The outcome of the Matches and Competitions are directly related to the number of participants and the skill level of each participant. Battlelab does not comment and makes no representations about Your or any other User’s chances of winning or losing.
- All monetary prizes issued through the Platform are added as funds in the winner’s User Account. All funds and prizes are denominated in GBP unless otherwise noted. All references to GBP on the Platform are references to the currency Euro. If You make a payment that is denominated in a currency other than EUR, the funds will be converted into GBP by the Payment Provider. You may be charged a service fee for such currency conversion amounting a percentage set by the applicable Payment Providers.
- The results and prizes of each Match or Competition will be determined with actual game and server data as well as by the hosts of Matches and Competitions (and its administrators or moderators), where necessary. Such determinations are final and cannot be appealed. By registering and/or participating in any Match or Competition, You agree to be bound by these determinations.
- Battlelab and its administrators may, if necessary, overrule the decisions made by Users and Organizers in the context of Competitions as appropriate or as needed, if Battlelab deems such actions necessary for the good of the Users or the Platform as a whole.
23. Promotional Activities
- When registering for a User Account, You agree that Battlelab may display Your username, gameplay data and statistics, tournament records and any other information with regard to Your gaming activity on the Platform. In addition, Battlelab may also display on the Platform any Competitions, Spaces, logos or other information provided by You to the Platform pertaining to the Services provided by You as an Organizer.
- You agree to allow Battlelab to print, publish, broadcast and use, worldwide, in any media and at any time, Your username, gameplay data and statistics, tournament records and any other relevant information with regard to Your gaming activity or Services on the Platform, for promotional, marketing or related purposes without additional compensation.
- Battlelab may share such information to Organizers, sponsors or partners when You participate in activities or competitions hosted by them. By accepting these terms You also consent to such sharing of information.
- If You submit or transmit audio, video, or text materials to the Platform, including, but not limited to, comments, question, suggestions, drawings, computer programs or other content (collectively “Submissions“), You grant Battlelab and its affiliates, partners and distributors, a non-exclusive, worldwide, royalty-free, perpetual, fully sub-licensable license, to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those Submissions, in any form, media, or technology, for the purpose of developing and marketing the Platform. You hereby waive, to the fullest extent possible under applicable law, any moral rights You may have to such Submissions.
24. Intellectual Property Rights
- All rights, including, without limitation, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information or trade secrets developed or created by Battlelab, solely or jointly with others, or any affiliate of the Company, or the predecessors of any such entities, is owned by and vested in Battlelab, our licensors as applicable, and nothing in these Terms shall be interpreted as a transfer of any such rights from Battlelab to User or Third-party service providers.
- Users are bound not to modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content. Battlelab neither warrants nor represents that Your use of the Content will not infringe rights of third parties.
Users agree to promptly provide to Battlelab copies of any written or otherwise documented complaints about suspicious or unlawful activity taking place on the platform to firstname.lastname@example.org The complaint should contain clear information about your identity as well as all relevant details giving rise to the complaint and Battlelab will do its best conclusively resolve such reported matters.
26. Anti-spam Policy
a) Battlelab prohibits any activity commonly referred to as “Spam“, which is defined as:
- electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
- messages posted to message boards or chats that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated message boards or discussion threads, or posted in excessive volume;
- solicitations posted on chat rooms, or to groups or individuals via Internet Relay Chat or Instant Messaging system (such as Skype, Facebook Chat and Twitter).
- If You are reported for conducting Spam and the claims are validated by Battlelab, Battlelab may undertake, at its sole discretion and with or without prior notice;
- Battlelab will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion. Battlelab reserves the right to lift Your suspension at any time, at its sole discretion.
27. Anti-Money Laundering Reporting
- The operations of the Battlelab are and have been conducted at all times in compliance with all applicable financial recordkeeping and reporting requirements, including those of the applicable Anti-Money Laundering statutes of Hong Kong.
- No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Battlelab or any of its subsidiaries with respect to Hong Kong’s Anti-Money Laundering Laws is pending or, to the best knowledge of Battlelab.
- Users are under instruction and direction to immediately report any suspicious activity relating to any of the games or Competitions on Battlelab. Users should submit such a report to email@example.com together with relevant evidence.
28. Rules of Conduct
Battlelab reserves the right to remove any Submissions and temporarily or permanently ban Users who violate these rules of conduct, or who in any way;
i. abuse the community purpose of the chat areas,
ii. post obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind,
iii. impersonate other Users,
iv. post opinions or comments that attack individuals, companies or products,
v. advertise or promote other companies, URLs, and any other kind of advertisement or promotion,
vi. share personal information (name, phone number, home address, password),
vii. post copyrighted or trademarked material,
viii. use any advanced fonts, Java, tables, HTML, or other programming scripts or commands,
29. Compliance to Laws
User hereby acknowledges and agrees to abide by the reasonable rules, regulations, instructions, contained in these terms as provided by Battlelab including any changes therein which may be adopted from time to time by the same terms as may be reasonably applied to the Users and Service Providers. Users are subject to all laws of the local jurisdiction you are located in.
30. No Waiver
The failure of Battlelab to insist or pursue in any one or more instances on performance of any of these terms or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect.
31. Disclaimer of Warranties
- Any Services provided on the Platform are the sole and exclusive responsibility of the applicable Service Providers. Such Service Providers are not under our control. We are not responsible for the content of any Third-Party services. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services and the inclusion of their services does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party.
- In no event will we be responsible for the information contained in such Third-Party services. Access to any Third-Party Service shall be at your own risk, and you acknowledge and understand that Third Party services may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
- While Battlelab uses reasonable efforts to include accurate and up-to-date information, Battlelab specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Platform. Battlelab disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Battlelab disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Platform.
32. Force Majeure
- Force Majeure means any event that is unpredictable at the time of the execution of this Agreement or during the operation of this Agreement, its occurrence and consequence of which cannot be avoided or overcome, and that will occur after the execution of this Agreement which hinders the full or partial performance of this Agreement by User or Battlelab. Such events shall include earthquakes, typhoons, floods, fire, war, any interruption of transportation service in or out of the Hong Kong, any acts that are prohibited by government or public authorities or similar acts, epidemic and any other events which are unpredictable or cannot be avoided or overcome, including any Force Majeure events that are generally recognized under international commercial practice.
- User/Battlelab that claims for Force Majeure shall notify the other party in writing of the occurrence of the same and its duration within days after such occurrence. It shall also use all its reasonable efforts to terminate such Force Majeure.
- Users shall, upon the occurrence of the Force Majeure event, immediately look for a fair solution through mutual consultation and use all their reasonable efforts to mitigate any consequences arising from such Force Majeure.
33. Limitation of Liability
No liability shall be placed upon Battlelab for damages for loss of personal or business interruption, arising out of the use or inability for Third-party Service Providers services due to one reason or another even where Battlelab granted access to such services. Limitations on liability are applicable when using any services on Battlelab.
Users shall at their expense, defend any claims or suits brought against Battlelab and will indemnify Battlelab against an award of damages and costs (including reasonable attorney fees, court costs and appeals), made against it by settlement or final judgment of a court that is based on a claim of negligence where User incurs losses. Third-party shall be liable to Users for their claims.
- In case any provision in these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
37. Governing Law and Dispute Resolution
- Any and all disputes as to the interpretation of or any performance under this agreement which are not first resolved informally, shall be determined by binding arbitration in Hong Kong in accordance with UNCITRAL rules. Any award arising out of such Arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in Hong Kong. Any action to confirm or vacate such an award must be brought to a Hong Kong Court. Contractual parties’ consent to personal jurisdiction and venue in such court and you waive any challenge to personal jurisdiction or venue in such courts.
- These Terms will be governed by and construed in accordance with the national laws and provisions of the country of Hong Kong, save for its conflict of law provisions. Any dispute or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by Hong Kong courts.