Terms of Use


Last updated: 12 August 2020

Please read these terms of use (the Terms) and our Privacy Policy before using our Services (as defined below). When you use our Services, you agree to be bound by these Terms. You may not use our Services if you do not agree to all these Terms.

For residents of the United States of America: these Terms contain a binding arbitration clause and class-action waiver at Paragraph 16 below. Please read it carefully.

For players and users of Fall Guys: Ultimate Knockout or related services, please note that a separate End User Licence Agreement applies to you in respect of that game at the following URL: https://fallguys.com/eula .

About you

• You may only agree to these Terms if you are an adult of full legal age of majority in the country or state in which you live (for example, 18 years of age in England). This applies to you even if the age rating for a Game or other content we make available indicates that it is suitable for children.

• If you are not an adult and you want to use the Services, you must ask your parent or legal guardian to review these Terms and our Privacy Policy. You may then only use the Services if your parent or guardian agrees to the Terms and permits you to use the Services under his or her supervision. Your parent or legal guardian must also read our Privacy Policy together with you and they must consent to our processing of your personal data on your behalf in accordance with the Privacy Policy.

• In any event, you should only play a Game or access our other Services if you are at least as old as the relevant age rating in the country or state in which you live.


For parents and legal guardians

• If you are a parent or legal guardian of a child who has asked you to agree to these Terms so that they may use the Services (your Child), then please read the following points carefully.

• You should review these Terms and our Privacy Policy before accepting these Terms. In addition, please make sure that you and your Child (where your Child is old enough to consent to the processing of his or her personal data in the country in which you live) is familiar with our Privacy Policy, as by accepting these Terms you will be consenting to our processing of your Child’s personal data in accordance with our Privacy Policy.

• We recommend that you familiarise yourself with any parental controls available on the devices and platforms on which your Child will want to access and use the Services. These controls may be used to limit the amount of time and money spent on games, and also to manage features such as in-game messaging with other players. You can find out more about parental controls online, in most cases on the website of the manufacturer of the relevant device or the provider of the relevant platform. In addition, you can find further information at the following URL: https://www.askaboutgames.com/get-smart-about-play

• You should ensure that your Child only plays Games or accesses our other Services if they are at least as old as the relevant age rating in the country or state in which you live. Age rating systems vary between devices and regions, but you can find out more about age ratings through the relevant device and online, for example, at the following URL: https://www.askaboutgames.com/pegi-rating

• By agreeing to these Terms you will be jointly and severally liable for all acts carried out by your Child when they are using the Services.


1. Who we are

1.1 We are Mediatonic Limited, a company registered in England and Wales with company number 05565220 (Mediatonic, we, our and us). Our registered office is at 111 Buckingham Palace Road, 4th Floor, London, England, SW1W 0SR. Our VAT number is GB 225977866.

1.2 Mediatonic is one of the largest independent studios in the UK, with multiple locations worldwide. Whether making top-grossing mobile apps, barn-stormingly original multiplayer games, or deliciously crafted narrative adventures, every title we design shares our ambition to entertain millions of people around the world, in games that run for years.

1.3 We love games and the way they bring people together, and that passion is what holds us together as a studio, connects us with the partners we collaborate with, and is what links us to our sister studios across the world.

1.4 You can contact us by email at heya@mediatonicgames.com.


2. About these Terms

2.1 These Terms govern the relationship between you and us in relation to your use of:

(a) games developed by or for us, whether you play them on your computer, games console, smartphone or any other device or platform (each a Game and together the Games);

(b) any websites controlled or operated by us, including (without limitation) mediatonicgames.com (the Websites); and

(c) all other services that we may provide to you from time to time, unless we specifically state that different terms and conditions apply to those services.


2.2 In these Terms, we refer to our Games, Websites and other services mentioned in Paragraph 2.1 above as the Services.


2.3 By using the Services, you are agreeing to these Terms and are entering into a binding legal agreement with us incorporating these Terms (the Agreement). If you do not agree to these Terms, please do not attempt to download, install or play any of our Games or otherwise use the Services.


2.4 In order to receive certain Services from us (for example, but without limitation, participation in competitions or beta access to Games), we may also require you to enter into additional terms and conditions that supplement, amend or replace these Terms as stated within those additional terms and conditions.


3. Licence

3.1 We own, or are otherwise permitted by third parties to use, all the intellectual property rights in our Games and any other works made available to you in the course of our providing the Services.


3.2 In return for your acceptance of these Terms, we grant you the personal right (known as a ‘licence’) to play our Games and use our other Services, strictly subject to these Terms, and in particular to the restrictions set out in these Terms.


3.3 The licence granted to you by us to use the Services under these Terms is limited in a number of ways as set out below. This licence is:

(a) non-exclusive, meaning that we can grant the same or similar licences to other people as well;

(b) personal, not transferable and not sub-licensable, meaning that the licence is only for your benefit and you may not grant the licence to anyone else (only we may grant licences to use the Services);

(c) revocable, meaning that we can terminate this licence in the circumstances set out in these Terms;

(d) non-commercial, meaning that you can only use the Services for private domestic purposes and not for commercial purposes;

(e) limited to using the Services for the purposes we set out in these Terms and for the duration that these Terms are in force; and

(f) conditional on your compliance in full with these Terms.


3.4 If the relevant Services provided are access to one of our Games, the licence granted to you under these Terms is limited to the installation of a single copy of the Game on the platform or platforms on which the Game is made available by us or on our behalf. You are specifically prohibited from making any copies of the Game, except in order to install the Game or as otherwise permitted by law, and you may not make available the Game on a network or otherwise where it could be accessed by one or more other users.


3.5 You acknowledge and agree that, other than the licence granted to you by these Terms, you shall have no right to use the Services. You shall have no ownership rights over any of our Services, including no ownership of any intellectual property rights in our Games.


4. Our rights and responsibilities

4.1 We will provide the Services using reasonable skill and care.


4.2 We will use reasonable endeavours to make the Services available to you, but we cannot guarantee that the Services will be available on an uninterrupted basis. Your access to the Services may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality. At times, unscheduled downtime may be necessary, including for security purposes. Further, owing to the inherent nature of the internet and related technologies, errors, interruptions and delays may occur in the Services from time to time. We will use reasonable endeavours to try to limit the frequency and duration of downtime, to the extent within our reasonable control.


4.3 We cannot guarantee that the Services will be free from errors, bugs or viruses. We also cannot guarantee that the content or information provided in the Services is accurate or complete. As with all software and services accessed through an electronic device, we recommend that you use anti virus software while using the Services. We also recommend that you have an up-to-date back up of your device before using the Services.


4.4 We may modify, cease to offer or cease to support the Services from time to time. We will use reasonable endeavours to inform you of significant changes to features of the Services by using in-Game notifications or through other appropriate means.


4.5 From time to time, we may make it a requirement for you to install patches, updates or additional content to the Services in order for you to continue accessing the Services, for example, in order to enhance gameplay, to add new features or to resolve bugs. We may also perform these updates remotely, including by modifying Mediatonic software installed on your device, and you acknowledge that we are not required to notify you before doing so.


5. Your rights and responsibilities

5.1 You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if necessary, stop using our Services.


5.2 You must not:

(a) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Games;

(b) use the Services in any manner that would be antisocial, offensive or disruptive to other players and users of the Services, such as:

(i) bullying, stalking or other harassing;

(ii) using vulgar, obscene, discriminatory or sexually explicit communications;

(iii) taking unfair advantage of obvious exploits or bugs in a Game; and/or

(iv) "flaming," "spamming," "flooding," "trolling," or "griefing";

(c) infringe our intellectual property rights or those of any third party in relation to your use of the Games and other Services;

(d) use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(e) copy the Games, any Website content or other works made available to you as part of the Services, except as part of the normal use of the Services or where it is necessary for the purpose of making a back-up or for operational security;

(f) decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part of them (except as and only to the extent allowed by applicable law);

(g) collect, ‘scrape’, ‘mine’ or ‘harvest’ any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;

(h) sell, transfer or try to sell or transfer an account with us or any part of an account or any Virtual Goods (as defined in Paragraph 7.1 below);

(i) perform services for someone in-Game or otherwise within the Services in exchange for payment outside of the Game or other Services;

(j) create more than one account per platform to access the Services;

(k) make available the Services to any person in any form, whether in whole or in part, except to a Child for whom you are the parent or legal guardian in accordance with these Terms; or

(l) use, develop, host or distribute cheats, automation software (‘bots’), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Services, or engage in any form of cheating, botting, boosting, or booting, or otherwise attempt to circumvent technological measures designed to control access to, or elements of, our Games or other Services;


5.3 The Services may include multiplayer gameplay such as player-versus-player competitive or player-versus-environment cooperative interactions. We may monitor your and other players’ communications and interactions from time to time, but we are limited in our ability to do this by limitations of technology and applicable law. Accordingly, you are solely responsible for your communications and interactions with other users of our Services.


5.4 In order to play a Game or access our other Services, the device that you use may need to meet certain minimum hardware and software requirements. Some Games and other Services can only be accessed on certain hardware and software platforms, such as Sony PlayStation® 4, Microsoft Xbox® One, or a PC running Microsoft Windows® 10. You may also require an internet connection with minimum upload and download speeds to access the Services. We will use reasonable endeavours to notify you of the relevant minimum requirements before you access our Services, but these are subject to change from time to time. If the device you are using does not meet the minimum requirements to access Games or other Services, we cannot accept any responsibility if they do not operate properly or if they cause any damage to your device.


6. User-generated content

6.1 In the course of playing the Games or accessing other Services, you may upload, transmit, create, or generate data within a Game or other Services, which may include (without limitation) content like your profile picture, your in-Game text or video chat, in-Game artwork or other content authored or designed by you (whether or not using a Game’s tools) and other software, graphics, audio, video and other materials (collectively, UGC).


6.2 You shall retain all of your rights of ownership that may exist in your UGC under the laws of any relevant country or state, including any intellectual property rights. Nevertheless, you acknowledge that this UGC shall not be confidential information. You also waive any moral rights that may arise in your UGC throughout the world, to the maximum extent permissible by applicable law. Moral rights include certain author’s rights, including the right to be identified as the author of the UGC or the right to object to a derogatory treatment of that UGC.


6.3 You grant us the personal right (known as a ‘licence’) to use your UGC however we wish (including in respect of uses not yet known or contemplated), whether or not in connection with the Services, including (without limitation) the right to reproduce or adapt your UGC and to communicate to the public, lend, distribute or otherwise commercially exploit your UGC. This licence shall further be:

(a) worldwide, meaning that we can use the UGC anywhere in the world;

(b) perpetual, meaning that it lasts forever, even after these Terms cease to apply;

(c) irrevocable, meaning that you cannot revoke this licence to us;

(d) transferable and sub-licensable, meaning that we can freely assign and sub license this licence from to others without asking you for permission; and

(e) royalty-free, meaning that you cannot charge us to use the UGC.


6.4 You must not use the Services to create or transmit any UGC that:

(a) is defamatory, offensive, abusive, fraudulent or otherwise objectionable;

(b) is pornographic, profane, sexually explicit or indecent;

(c) incites violence or racial hatred or discrimination;

(d) amounts to a criminal offence or encourages one, gives rise to civil liability or otherwise breaks any local, state, national or international law;

(e) contains advertising, promotions or commercial solicitations of any kind, including (without limitation) spam, junk mail, chain letters, pyramids schemes or similar;

(f) constitutes or contains false or misleading indications of origin or statements of fact, including (without limitation) anything that is used to misrepresent your identity or affiliation with any person (including by concealing you IP address);

(g) infringes the rights of third parties including (without limitation), copyrights, trade marks, patents, design rights, moral rights, rights of privacy, rights of publicity or another proprietary right; or

(h) is reasonably likely to harass, upset, embarrass, alarm or annoy any other person.


6.5 We have the right, but not the obligation, to monitor, approve, verify, modify and remove uploaded UGC from our Services at any time in our absolute discretion. This may be because it infringes the rights of someone else, it breaches these Terms, we consider that it may bring us or our Services into disrepute or for any other reason at our sole discretion. Nonetheless, you acknowledge that we cannot actively monitor all UGC and we make no promise to do so. You understand and agree that all UGC that a person may create and distribute when using our Services, whether publicly posted or privately sent to someone else, is the sole responsibility of that person. This means that you, not us, are entirely responsible for all UGC that you may upload, communicate, transmit or otherwise make available on our Services.


7. Virtual currency and virtual items

7.1 Some Games and other Services may provide you with access to virtual items and also to virtual currency that may be used by you to purchase virtual items for use in the Games using that virtual currency (collectively, Virtual Goods). Virtual Goods may sometimes be purchased by you within a Game or other Services or may be awarded to you under the rules of a Game or other Services. Virtual Goods shall be deemed to be part of the relevant Game and other Services under these Terms.


7.2 The purchase of Virtual Goods does not give you any right of ownership over the Virtual Goods. Purchasing Virtual Goods means you are purchasing a limited licence from us to use the Virtual Goods within the applicable Game or Services. This licence is subject to the same restrictions as the licence granted to you to use the Services set out in Paragraph 3 above.


7.3 Mediatonic does not handle financial transactions with you to purchase Virtual Goods. All Virtual Goods transactions are handled by platforms and payment providers and other third parties not related to Mediatonic. In order to purchase Virtual Goods, you must agree to the relevant third parties’ terms and conditions. This may include a term that all purchases of Virtual Goods are final and that no refunds are given. If you have any questions or issues with a financial transaction relating to Virtual Goods, please contact the relevant third party from whom you made the purchase.


7.4 It is strictly prohibited for you to buy or sell Virtual Goods outside the Games or other Services, to use them as a stake in a bet or wager with someone else or to otherwise exchange them for real money, real goods, real services or anything else outside the Games or other Services.


7.5 If your account is limited, terminated, suspended, modified, or deleted for any reason, or if Mediatonic discontinues the Services, you will forfeit any and all Virtual Goods earned or purchased without refund. Similarly, if Mediatonic discontinues a particular Game or other Service, you will forfeit any and all Virtual Goods earned or purchased in that Game or Service. In addition, Mediatonic has the absolute right at all times to manage, regulate, control, modify, and/or remove Virtual Goods as it sees fit and at its sole discretion, and Mediatonic is under no obligation to reimburse you in respect of any money you may have spent to purchase any of those Virtual Goods or to compensate you or anyone else for any resulting losses.


8. Accounts

8.1 When using our Services, we may give you the option to (and, in some instances, you may be required to) open an account with us or a third party (for example, a platform or publisher).


8.2 Any Mediatonic account you create is personal to you and you are not entitled to transfer your account to any other person.


8.3 If you create an account with us, you agree that you shall take all steps necessary to protect your account and login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your account.


8.4 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services, and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.


8.5 You understand that, if you delete a Mediatonic account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and any Virtual Goods associated with your account).


9. Our right to suspend your access to the Services

9.1 We may suspend your access to or all or part of the Services if we reasonably believe that you have breached any of these Terms.


9.2 If we suspend your access to the Services:

(a) we will use reasonable endeavours to notify you;

(b) you will not be able to access the Services during the period of suspension, while we investigate the relevant circumstances; and

(c) depending on the outcome of our investigation, you may be permanently excluded from the Services.


9.3 If you are in breach of these Terms, we can terminate this Agreement immediately at any time and without refunding any payments made by you. If we do this, we will give you notice that we are terminating this Agreement with immediate effect.


9.4 We can also terminate this Agreement immediately at any time for technical or operational reasons beyond our reasonable control. If we do this, we will give you as much notice as reasonably possible.


9.5 If we terminate this Agreement, you must immediately stop all activities authorised by these Terms, including your access to the Services.


10. Platforms and publishers

10.1 Most of our Services may only be accessed through a third-party platform, including (without limitation) Microsoft Xbox®, Sony PlayStation®, Nintendo Switch™, Valve Steam® and GHI Media, LLC (trading as Devolver Digital). These third parties will impose additional terms and conditions governing the use of their services and our Services. Those terms and conditions will form a separate agreement between you and the relevant third party and are in addition to this Agreement. Even if you have purchased Services separately from a third party, you must accept these Terms and enter into this Agreement before you may use the Services. We encourage you to read the terms and conditions of third parties carefully before you agree to them.


10.2 You must also accept and comply with all terms and rules of third-party platforms and any publishers who make the Games available to you. Any breach of the terms or rules of any such third-party platforms and publishers shall also be deemed to be a repudiatory breach of this Agreement by you.


10.3 Where the Services contain links to, and connect with, other services and resources provided by third parties, we have no control over the content of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third-party services or resources. Any external site that you visit by clicking through a link on the Services is entirely at your own risk. We accept no responsibility for their content, behaviour, safety or treatment of your personal data.


11. Our liability to you

11.1 Subject to Paragraph 11.2 below, if we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our unremedied breach of this Agreement. Loss or damage is reasonably foreseeable only where it could be reasonably contemplated by you and us at the time and date you agreed to these Terms.


11.2 We are not liable to you for the following types of loss or damage that may arise from your use of the Services:

(a) loss or damage not caused by our breach of these Terms or our negligence;

(b) any increase in loss or damage resulting from breach by you of any of these Terms;

(c) loss or damage not reasonably foreseeable by you and us when you agreed to these Terms, including loss or damage that occurs in consequence of such loss or damage, for example, loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;

(d) loss or damage to any device on which you access or use any of our Games or other Services or to any data on that device, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services;

(e) loss or damage that you suffer as a consequence of the actions or omissions of third parties, including platforms, publishers or other users of the Services;

(f) any indirect, consequential, punitive or special loss or damage; or

(g) any loss or damage if the Services are not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our reasonable control, including (without limitation), an act of God, storm, fire, flood, internet outage, epidemic or pandemic, strikes, or riots.


11.3 The Services may only be accessed by you for private non-commercial use under these Terms. Nevertheless, if you use the Services for commercial purposes in breach of these Terms, we will not be liable to you for any loss of profit, loss of business, loss of anticipated savings, loss of reputation and/or depletion of goodwill.


11.4 If the consumer law of the country or state in which you are resident does not permit any of the limitations of liability set out in Paragraphs 11.1, 11.2 or 11.3, then those limitations of liability shall apply only to the maximum extent permitted by the laws of such jurisdictions. Nothing in these Terms shall affect any statutory rights that you may have as a consumer of the Services.


11.5 We do not limit our liability to you for death or personal injury caused by our negligence or the fraud of our employees or other representatives or for anything else where it would be unlawful to do so under applicable law.


12. Your personal data and privacy

When we process your personal data, we will do so in accordance with the data protection laws that apply to us and in accordance with our Privacy Policy. Please read it carefully.


13. Changes to these Terms

13.1 We may need to amend these Terms and our Privacy Policy from time to time, for example, in order to ensure that we remain compliant with applicable law or to reflect any changes we make to the Services or otherwise.


13.2 You can find a copy of these Terms by visiting one of the Websites at the following URL: mediatonicgames.com/terms. If we make any changes to these Terms, we will upload an amended version of the Terms to this URL. We may also make available the amended version of these Terms within the Games and on any third-party platforms where the Services are made available. Where any changes are not minor, we will endeavour to give you notice of these changes with an in-Game notification or through other appropriate means.


13.3 Your continued use of the Services after any changes to the Terms have been made by us will mean that you accept those changes to the Agreement. If you do not agree to any changes to the Terms, you may not continue to use the Services.


13.4 Any changes to these Terms will not affect your accrued rights and will not have any retrospective effect.


13.5 We will provide 30 days’ notice of any changes to Paragraph 16. Changes will become effective on the 30th day and will apply only to any Disputes (as defined below) arising after the 30th day.


14. Law and jurisdiction

14.1 If you have a complaint, please let us try to resolve it first. You can send us details of your complaint by email to heya@mediatonicgames.com. If you have entered into a financial transaction relating to one of the Services, for example, by purchasing a licence to a Game or Virtual Goods, then you should contact the third party from whom you made the purchase in the first instance.


14.2 In the event of any dispute, controversy, or claim relating to these Terms (including the Privacy Policy), a Game, or the Services (a Dispute), both you and Mediatonic shall first use best efforts to negotiate an informal resolution to such Dispute for at least 30 days before initiating any formal proceeding. This informal negotiation period will commence upon written notice from one party to the other.


14.3 This Agreement, and any Dispute, shall be governed by and interpreted in accordance with English law, except for certain claims and disputes, for example, relating to consumer protection, unfair competition and tort, which may subject to the laws of the country or state in which you are resident.


14.4 The jurisdiction for any Dispute shall depend on the country or state in which you are resident. You may only bring legal proceedings in respect of a Dispute against us as follows:

(a) if your country or state of residence is England or Wales: only in the courts of England and Wales;

(b) if your country or state of residence is the United States of America: arbitration proceedings in the United States of America strictly in accordance with Paragraph 16 below, which is entitled "Binding arbitration for residents of the United States of America”; or

(c) if your country or state of residence is neither England and Wales nor the United States of America: in the courts of England and Wales or, alternatively, the courts of the country or state in which you are resident, if you are allowed to do so by the laws of the country or state in which you are resident.


15. Other important terms

15.1 Subject to Paragraph 2.4, these Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us in respect of the Services.


15.2 You may not assign or otherwise transfer your rights under this Agreement to someone else for any reason (or attempt or purport to do so), unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.


15.3 Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.


15.4 Nothing in these Terms will create any relationship of partnership, agency or employment between us.


15.5 If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under this Agreement. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.


16. For residents of the United States of America only: binding arbitration and class action waiver

16.1 If your country or state of residence is not the United States of America, then the provisions of this Paragraph 16 do not apply to you.


16.2 PLEASE READ THIS PARAGRAPH 16 CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR DISPUTE TRIED BEFORE A JURY.


16.3 If your country or state of residence is the United States of America, the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this Paragraph 16 apply to any Dispute between you and Mediatonic. You further agree that the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Paragraph 16 and this Agreement constitutes a transaction in interstate commerce. The provisions of this Paragraph 16 shall survive any termination of the Agreement.


16.4 As set out in Paragraph 14.2 above, please contact us first if you have a complaint. If you and Mediatonic have not agreed a resolution within a period of 30 days from the day when you first contacted us to try to resolve matters through informal dispute resolution. If you and Mediatonic do not reach an agreed-upon solution within the informal Dispute resolution period, then, subject to the terms below, the Dispute will be finally and exclusively resolved by binding arbitration. Among other things, ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO COURT PROCEEDINGS (INCLUDING A JUDGE OR JURY) IN A STATE OR FEDERAL COURT AND THE GROUNDS FOR APPEAL BY YOU OR US ARE MORE LIMITED. Either you or Mediatonic may elect to initiate binding arbitration, and the election to arbitrate a Dispute by one party shall be final and binding on the other.


16.5 If either we or you commence arbitration proceedings, all claims arising out of or relating to this Agreement (including its formation, performance and breach), the relationship between you and us and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, a national arbitration body based in the United States of America, and governed in accordance with the provisions of these Terms and the procedural rules of JAMS that are in effect when the arbitration commences, excluding any rules that permit arbitration on a class or representative basis (the JAMS Rules). For a copy of the JAMS Rules or more information about JAMS and commencing arbitration proceedings, please visit www.jamsadr.com


16.6 There shall be a single neutral arbitrator appointed by agreement between us in accordance with the Jams Rules. The place (or ‘seat’) of the arbitration shall be New York City, New York. To the extent permitted by the JAMS Rules, you may choose to participate in arbitration remotely by videoconference or teleconference. The arbitrator and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. Additionally, the arbitrator shall apply the law of the United States and the arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement. The arbitrator’s award shall be written and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may grant whatever relief would be available to a court under law or in equity. Nothing in this Paragraph 16 shall in any way limit either party’s rights to bring a limited proceeding in a court of competent jurisdiction to compel arbitration pursuant to these Terms, to stay a pending proceeding in favour of arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.


16.7 YOU UNDERSTAND AND HEREBY AGREE THAT, BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE YOUR CLAIMS HEARD BY A JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL; AND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.


16.8 YOU AND MEDIATONIC FURTHER AGREE THAT ANY ARBITRATION OR OTHER PERMITTED ACTION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US, AND SHALL BE CONDUCTED IN YOUR AND OUR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THAT YOU AND MEDIATONIC EXPRESSLY WAIVE OUR RIGHTS TO FILE A CLASS-ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.


16.9 As an exception to the agreement on a binding arbitration under this Paragraph 16 either party may bring legal proceedings in respect of a Dispute before a state or federal court in the United States of America or elsewhere where the legal proceedings only assert claims relating to intellectual property infringement (including claims relating to patents, copyright, moral rights, trade marks and designs, but not claims relating to any licence granted by these Terms).


16.10 You have a limited right to opt out and not be bound by the arbitration and class action waiver provisions in this Paragraph 16 by sending a written notice of your decision to opt-out marked for the attention of Mediatonic’s legal team to the following address: Mediatonic, 111 Buckingham Palace Road, 4th Floor, London, England, SW1W 0SR. To be effective, your written notice must be received by Mediatonic within 30 days of your first use of our Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Paragraph 16. If you choose to opt out of these arbitration provisions, we also will not be bound by them.

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