Dear players!

You should carefully read the following Terms of Service Agreement ("Agreement" or "Terms of Service") before using any website ("Site") and mobile games/applications and services (collectively the "Services") of TidaGames Limited ("Company" or "TidaGames").

1. TERMS AND BINDING EFFECT

This is a legally binding Agreement. By using the Site or any Services of TidaGames, you hereby agree to abide by these Terms of Service, as they may be amended by Company from time to time in its sole discretion. Company will declare the updated Terms of Service on the Site any time these Terms of Service have been changed or amended and the update date will be stated on top. It is your responsibility to review and follow these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Services and the Site.

TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS.

In addition to these Terms, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and TidaGames, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control.

If you breach these Terms of Service we may take action against you, including but not limited to terminating your account in Services.

2. PRIVACY

To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we process and how we use it and what choices you have when you use our Services.

3. Eligibility

Your eligibility for continued use of the Service is contingent on Your ongoing compliance with these Terms, in particular:

3.1 You are over 18 years of age or the minimum legal age of majority whichever is higher in the jurisdiction in which you are located at the time of accessing or using the Service and are, under the laws of the jurisdiction(s) applicable to You, legally allowed to participate in the Games and access the Service;

3.2You understand and accept that we are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Service;

3.3 You will monitor Your User Account and ensure that no child under the age of 18 can access the Service using Your User Account. You accept full responsibility for any unauthorized use of the Service by minors and You acknowledge that You are responsible for any use of the Service, including use of Your credit card or other payment instrument by minors;

3.4 You do not reside in any restricted jurisdiction (hereinafter referred to as “Restricted Regions”) and will not access the Game or Services from these regions unless otherwise provided in these Terms or by the Platform (hereinafter referred to as “Restricted Regions”);

It is a Player's responsibility to ensure that their participation is lawful in their jurisdiction. Any person who is knowingly in breach of this term, including any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location or place of residence, or by participating from a Restricted Territory or through a third party or on behalf of a third party located in an Restricted Territory, is in breach of these Terms and Conditions. You may be committing fraud and may be subject to criminal prosecution.

3.5 You participate in the Games strictly in Your personal capacity for recreational and entertainment purposes only;

3.6 You further represent and warrant that all information you supply to Us is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate termination of Your User Account, any License from Us, and any further participation or access to the Service, at TidaGames's sole discretion, to the extent legally permissible;

3.7 You will not be involved in any fraudulent or other unlawful activity in relation to Your participation in any of the Games and You will not use any software-assisted methods or techniques (including but not limited to "bots" designed to play automatically) for Your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior;

3.8 If, in the reasonable opinion of TidaGames, we form the view that a player is abusing any promotion, to derive any advantage or gain for themselves or another player, including by way of fraudulent conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or promotional prize as we see fit, or terminate or suspend the User Account of such player without prior notice.

• 3.8.1 You will not directly or indirectly participate in groups or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share: (a) hacks or money-making strategies; (b) special offers or packages emailed to a specific set of players and redeemable by URL; or (c) identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading TidaGames as to a player's identity.

3.9 In relation to any purchase, You must only use a valid form of payment accepted by the Platform or its third party payment processing provider(s) ("Payment Administration Agent(s)") which lawfully belongs to You (the "Payment Mechanism").

4. DESCRIPTION OF SITES AND SERVICES

The Company operates online mobile gaming services, websites and mobile applications that accompany such gaming services.

5. YOUR OBLIGATIONS

By registering or using the Sites and Services in any way, you agree to the following:

5.1 You agree not to access our Services in an unauthorized manner;

5.2 You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, or instructions as outlined in these Terms of Service and you will not encourage or enable any other individual to do so.

5.3 You agree not to harass or threaten other players;

5.4 ou agree not to use any harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;

5.5 If asked by a member of TidaGames to stop or change a behaviour or action, you will do so;

5.6 You agree not to cheat, hack or make any attack on the server in any way;

5.7 You agree not to transmit or make available in the Service or Site any advertising, promotional materials or any other forms of solicitation;

5.8 You agree not to transmit any material that contains viruses, worms, traps or malicious computer code;

5.9 You agree not to disrupt the normal flow of the application and dialogue, or otherwise act in a manner that negatively affects other people's ability to use the Service;

5.10 You agree not to collect, process or store personal data about other people using the Service;

5.11 You agree only to use your own credit card with the Service; and

5.12 You agree not to use any TidaGames Limited trademark, service mark or tradename, or any variation or misspelling thereof.

We may directly terminate or suspend your access to the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms of Service; (b) we suspect fraud, cheating, or misuse by you; or (c) we suspect any other unlawful activity associated to your behavior under mobile application.

6. Purchases

6.1 The name on Your Payment Mechanism must match the name on Your User Account. If it comes to our attention that the name You registered on Your User Account and the name linked to Your Payment Mechanism differ, Your User Account will be suspended, purchases may be voided, and any Virtual Coins balance may be adjusted accordingly. You must promptly notify us if Your Payment Mechanism is cancelled, lost or stolen or if the security of Your Payment Mechanism has otherwise become compromised.

6.2 You acknowledge and agree that we may, from time to time and without notice, appoint one or more Payment Administration Agents to process or make payments from or to You on our behalf.

6.3 You agree that we and/or our Payment Administration Agents appointed by us from time to time may store Your Payment Mechanism details to process future purchases. By accepting these Terms, you authorize us and/or our Payment Administration Agents to store Your payment credentials in compliance with applicable payment processing regulations.

6.4 A Payment Administration Agent will have the same rights, powers and privileges that we have under these Terms and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event will we be liable to You for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by us.

6.5 All purchases will be in USD.

6.6 If your payments are made by ACH/electronic debit, you agree to the following:

• a. Recurring payments will be made automatically on or after the completion of the initial period relating to your first payment. The authority you give TidaGames Limited and its affiliates to charge your account with an ACH debit will remain in effect until you notify us.


• b. If the amount of your payment changes, we will notify you at least 10 days before payment date using the e-mail address we have on file.


• c. Should your payment be returned for non-sufficient funds (NSF), we reserve the right to re-deposit the payment up to 2 times in accordance with banking rules and regulations.


• Returned items such as NSF, bank account closed, invalid account number, etc. are subject up to a $25 handling fee, payable to Company which may :


• i. be electronically debited through the ACH network for collection


• ii. processed through the banking system as a paper draft or


• iii. passed on to a collection agency.

6.7 If You make a purchase, licensed GOLD COINS may be added to Your User Account instantaneously unless there is any delay due to situations outside our control, including without limitation a force majeure event, poor internet connectivity, internet failure or electricity outages.

6.8 When You make a purchase, You will receive two confirmations: (i) an on-screen confirmation that the transaction has taken place; and (ii) an email to the email address on Your User Account confirming that the transaction has taken place.

6.9 GOLD COINS will automatically expire in the event a User Account becomes Dormant. For the purpose of these Terms "Dormant" means there has not recorded any log in or log out for a period exceeding 12 consecutive months.

6.10 Purchases of GOLD COINS are final and are not refundable, transferable or exchangeable. You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your customer account (even if not authorized by you).

6.11 Our Customer Support can be reached twenty-four hours a day, seven days a week via service@tidagames.com. The expected response time is as soon as possible up but may take up to twelve (12) hours.

7. PROHIBITED USES

Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,

• (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
• (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;


• (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;"


• (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;


• (e) forging any packet header or any part of the header information in any e-mail or in any posting using the Service;


• (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Additionally, only TidaGames or its licensees have the right to host the games and mobile application of TidaGames. Accordingly, you may not host, provide matchmaking services for, or intercept, emulate, or redirect the communication protocols used by TidaGames as part of any game or mobile application of TidaGames, regardless of the method used to do so. Such prohibited methods may include, but are not limited to protocol emulation, reverse engineering, modifying the games of TidaGames, adding components to the games of TidaGames, or using a utility program to host the games of TidaGames. Also, the use of any "user interface" for Company games other than the user interface that is Company provides for any particular Company game is prohibited by the Company.

Furthermore, you agree that you will not (1) modify or cause to be modified any files that are a part of any particular game of TidaGames; (2) create or use cheats, "mods", and/or hacks, or any other third-party software designed to modify the experience of games of TidaGames; (3) use any third-party software that intercepts, "mines", or otherwise collects information from or through any particular game of TidaGames.

8. USE OF SOFTWARE

8.1 USER CONTENT

When accessing the Site or using the Service, you agree to obey the local law, general principles of law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you. Additionally, in the event that you become aware of or reasonably suspect any infringement of the copyrights or trademarks or Company or any third parties, occurring on any Company Site, you will immediately notify Company to report such infringement.

You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libellous, defamatory, obscene, pornographic, abusive, or threatening; or (b) violates any applicable local, state, national, or foreign law or regulation under chat sessions. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

8.2 LIMITED LICENSE TO USE THE SERVICES

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant TidaGames policies, TidaGames grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the service for your own non-commercial entertainment purposes. You agree not to use the service for any other purpose as Services are provided to you for your personal and non-commercial use only.

The following restrictions apply to the use of the service:

• (a) You shall not (or attempt to) purchase, sell, rent or give away your account and you shall use your account only for non-commercial purposes, you shall not create an account using a false identity or information, or on behalf of someone other than yourself;
• (b) You shall not use the Service if you have previously been removed by TidaGames Limited, or previously been banned from playing any TidaGames Limited' games.

8.3 LICENSE LIMITATIONS

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

• (a) Engage in any act that TidaGames deems to be in conflict with the spirit or intent of the Service or make improper use of TidaGames support services.


• (b) Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the service, any TidaGames' games or any TidaGames game experience.


• (c) Modify or cause to be modified any files that are a part of the service or any TidaGames game and mobile application without TidaGames express written consent.


• (d) Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by TidaGames, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

TidaGames reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. TidaGames reserves the right to take action as a result, which may include terminating your account and prohibiting you from using the Service in whole or in part.

8.4 SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE

Without limiting any other remedies, TidaGames may limit, suspend, terminate, modify, or delete accounts or access to the service or portions thereof if you are, or TidaGames suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you.

Without limiting our other remedies, we may limit, suspend or terminate the service and user accounts or portions thereof, prohibit access to our mobile application, games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.

9. ALLEGED VIOLATIONS

Company reserves the right to terminate your use of the Service, mobile application and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service in accordance with the terms and provisions of Privacy Policy of TidaGames. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Service, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

10. Disruptions, Errors & Omissions

10.1 Disclaimer of Warranties. The services, in whole and in part (including, without limitation, all content, and user materials), are provided, transmitted, distributed, and made available "as is" and "as available" without express or implied warranties of any kind, including, without limitation, warranties of title, implied warranties of merchantability or fitness for a particular purpose or non-infringement. Without limiting the generality of the foregoing, we make no warranty: (a) that the services will be uninterrupted or error free; (b) that defects or errors in the services will be corrected; (c) that the services will be free from viruses or other harmful components; (d) as to the quality, accuracy, completeness and validity of any information or materials in connection with the services; (e) that your use of the services will meet your requirements; or (f) that transmissions or data will be secure.

10.2 Exceptions. Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our warranties and liability will be limited to the fullest extent permitted by applicable law.

10.3 We are not liable for any downtime, server disruptions, errors, lagging, or any technical or political disturbance to the Service or Games, nor attempts by You to participate by methods, means or ways not intended by us.

10.4 We accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Service including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of a Service or any errors or omissions in the Service.

10.5 In the event of a Service system malfunction, then all Game play on the Service will be void.

10.6 In the event of an error or malfunction in a Game, then all Game play resulting from the error or malfunction will be voided.

10.7 We reserve the right to remove any part of the Games from the Service at any time. Any part of the Games that indicate incorrect behavior affecting game data, or Virtual Coins balances, that may be due to error, misconfiguration or a bug, will be cancelled and removed from the Service. We reserve the right to alter player balances and User Account details under such circumstances, at our sole discretion, in order to correct any mistake.

10.8 We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give You as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.

10.9 We reserve the right to declare participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the play-table, win-table, minimum or maximum stakes, odds or software.

10.10 If You are incorrectly awarded any Virtual Coins or prizes as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to operate in accordance with the rules of the relevant game, then We will not be liable to award You any such Virtual Coins or prizes, and You agree that any such Virtual Coins or prizes that have been awarded in error to Your User Account will be voided.

10.11 We retain absolute discretion in the event of a discrepancy between the result showing on a user's device and the server software. Such discretion includes the authority to recognize the result showing on the server software as the official and governing result.

11. Limitation of Liability and Indemnification

11.1 Limitation of Liability. By accessing, using or downloading the service, you acknowledge and agree that such use is at your own risk and that neither the Company nor any of the parties involved in creating, producing, or delivering the services or the Company or any of their affiliates, subsidiaries, agents, employees, officers, directors, consultants, suppliers, advertisers, payment services promoters, partners, or contractors (collectively "Released Parties") are liable for any direct, incidental, consequential, indirect, special, or punitive damages, or any other losses, costs, or expenses of any kind (including, without limitation, lost profits, loss of data, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements) which may arise, directly or indirectly, through the access to, use of, reliance on any material or content on the services, or browsing of the services or through your downloading of any materials, data, text, images, video or audio from the services, specifically including any past, present or future use of "Cookies," "Get Requests," pixels and other tracking technology, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, in no event will the total liability of the Released Parties to you in contract, tort, negligence or otherwise, for any loss or damage whatsoever arising from any cause, whether direct or indirect, or for any amounts exceed the total amount you have paid the Company in the year immediately preceding the date on which you first assert any such claim.

Released Parties cannot and do not warrant or guarantee continuous, uninterrupted, or secure access to the services. Without limiting the foregoing, Released Parties assume no responsibility, and will not be liable, for any damages relating to or caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections on account of your access to or use of the services.

11.2 Indemnification. By using the services, you agree to indemnify, defend and hold harmless (including reasonable attorney's fees and costs of suit) the Released Parties from any and all third party claims against the Company related in any way to your user account, your use of the services or your access to the site.

11.3 30 Days Limitations Period. You and TidaGames agree that any claims, regardless of form, arising out of or related to the Site (including Services) or these Terms of Services or Privacy Policy must be filed within thirty (30) days of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

11.4 Sole and Exclusive Remedy/Limitation on Recovery. Unless otherwise prohibited by law, in any dispute with us, your sole and exclusive remedy under any legal theory shall be to recover the amount of your own purchases during the thirty (30) days period prior to the filing of your claim. In no event may you recover under any theory any amount more than the amount of your own purchases during the thirty (30) days period prior to the filing of your claim. In addition, except to the extent prohibited by law or otherwise allowed by these terms, you may not seek injunctive relief on your own behalf, on behalf of any class of persons or for the benefit of the general public.

11.5 Nothing in these Terms of Services will operate so as to exclude any liability of TidaGames for death or personal physical injury that is directly and proximately caused by TidaGames's negligence or willful misconduct.

11.6 To the extent any of the limitations of remedy, including waiver of the right to private or public injunctive relief, are not permitted by law of any applicable jurisdiction, such limitations shall not apply and shall be deemed as severable and stricken from these terms. The parties agree further that such provision(s) shall not affect the enforceability of the terms or the arbitration agreement, which the parties agree shall remain in place and in force less any such stricken provisions.

12. FORUMS AND COMMUNICATIONS

"Forum" means a one to one chat area, message board, instant messaging, mobile messaging with other mobile game and mobile application users or e-mail function (including, but not limited to, electronic greeting cards) offered as part of any Services. If you participate in any Forum within the Services, you agree to follow our terms set forth below.

You acknowledge that anything you submit under the Services by way of any Forum is routed through Company's servers. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We are not able to guarantee the security of any information you disclose online; you make such disclosures at your own risk.

13. WEBSITE CODE

All website code and shockwave files associated with the Site or Service are belong TidaGames.

14. TRADEMARK

Unlawful use of Company trademarks is strictly prohibited. Such trademarks shall include, but are not limited to: "TidaGames" .

15. SEVERABILITY

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

16. CUSTOMER SERVICE AND INITIAL DISPUTE RESOLUTION PROCEDURE

Customer Support

16.1 If You need customer service in relation to the Service, You may contact us by email at service@tidagames.com.

16.2 To protect Your privacy, all communications between You and us should be carried out using or referencing the email address that You used to register Your User Account for the Service. Failure to do so may result in our response being delayed.

Initial Dispute Resolution Procedure and Conference

16.3 The parties shall use best efforts to resolve informally any customer service issue promptly and in good faith. If for some reason You are not satisfied or your claim is not resolved (a “Dispute”), You may then pursue arbitration.

16.4 Notice of Dispute Required Prior to Arbitration. The party initiating a claim over a Dispute must give notice to the other party in writing of its intent to initiate an informal dispute resolution conference. The initial conference shall occur within forty-five (45) days after the other party receives such notice or within a time period required by law, unless an extension is mutually agreed upon by the parties.

16.5 All initial dispute resolution conferences shall be conducted individually, between TidaGames and You. Multiple individuals with Disputes cannot participate in the same informal telephonic dispute resolution conference. If a party is represented by counsel (which such representation will be at such parties'sole cost and expense), counsel may participate in the conference, but each party shall also attend and participate in the conference.

16.6 To notify TidaGames that You intend to initiate an informal dispute resolution conference, please inform us by contacting service@tidagames.com and include the following information:

• a.Your username and/or email address associated with Your User Account;


• b.Your first and last name, as registered on your User Account;


• c.Your residence address;


• d.Your telephone number (home and/or mobile);


• e.a detailed explanation of the complaint/claim and basis for the claim;


• f.any specific dates and times associated with the complaint/claim (if applicable); and


• g.the remedy,action or any amount You are seeking from TidaGames

16.7 Upon receipt of Your Complaint, we will reply to Your communication within 7 working days, and We will respond in writing or coordinate and schedule a telephonic or videoconference within forty-five (45) days after receipt of such notice, unless an extension is mutually agreed upon by the parties. Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to Your complaint/claim in a timely manner, and may, in TidaGames's discretion, extend the time period for resolution before a formal proceeding may be commenced, as permitted by these Terms.

16.8 The parties shall use their best efforts to settle any Dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a pre-condition to either party initiating a formal arbitration as provided in Section 15. If the parties do not reach an agreed upon solution within a period of forty-five (45) days from the time of the informal dispute resolution conference, then either party may initiate binding arbitration, to the extent permitted by law, as the sole means to resolve claims, subject to these Terms and the Arbitration Agreement.

16.9 The aforementioned informal dispute resolution process is a condition precedent to commencing any formal dispute resolution proceeding, including litigation if you have successfully opted-out of the arbitration agreement. The parties agree that any relevant limitations period or other deadlines will be tolled solely by the amount of time the parties initiate and engage in this informal dispute resolution process.

16.10 Regardless of whether you decide to opt out of arbitration, the terms set forth in this Section 16 Initial Dispute Resolution shall remain in full force and effect as part of these Terms.

17. MODIFICATIONS

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions.

18. FORCE MAJEURE

TidaGames shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of TidaGames, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond TidaGames'control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labor or materials.

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.