Terms of Use

Effective January 17, 2022

THIS IS A LEGAL AGREEMENT (“AGREEMENT” OR “TERMS OF USE”) BETWEEN YOU- AN ORGANIZER, PLAYER, OR FAN FUNDER(EACH AS DEFINED BELOW)- AND GRILLA. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICES AND CREATING YOUR ACCOUNT. BY USING THE SERVICES, CREATING A GRILLA WALLET, AND/OR PLAYING A MATCH (AS DEFINED BELOW), YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE ANY SERVICES. YOUR USE OF THE SERVICES MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.

BY ACCESSING OR USING THE SERVICES, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT AND WARRANT THAT YOU ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES IN YOUR JURISDICTION. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. PLEASE READ THE “ARBITRATION” SECTION BELOW FOR ADDITIONAL INFORMATION. THIS AGREEMENT LIMITS GRILLA'S LIABILITY WITH RESPECT TO YOUR USE OF OUR SERVICES AND YOUR PARTICIPATION IN ANY MATCHES.

Contents:

1. About Grilla

2. Grilla's Terms of Use

3. Acceptance of Terms

4. General Restrictions; Termination

5. Organizers' Use of Grilla

6. Players' Use of Grilla

7. Fan Funders'Use of Grilla

8. Legal Terms Governing All Use of Grilla

Descriptive headings shall have no legal significance, and there are provisions in sections associated with certain classes of users that may have legal implications for other classes of users. For example, provisions in “Organizers' Use of Grilla” shall bind Players and Fan Funders. We urge all users to closely review the entirety of these Terms of Use.

1. About Grilla.

A. Grilla. Welcome to the Grilla website (the “Site”), owned and operated by Oxygen Gaming Corp. d/b/a Grilla, a Delaware corporation, with its principal place of business at 11 Island Avenue Miami Beach, FL 33139 (“Grilla”, “we”, “us”, “our”). Please read these Terms of Use carefully before using the Services (as defined below). These Terms of Service govern your use of and access to the Site, which shall include all webpages, subdomains, country level domain variants and subparts of those websites, as well as all related mobile apps, tools, smart contracts, and governs your use of all of the products and services maintained and provided by us and available on or through the Site or otherwise (including through our application programming interfaces) from time to time (collectively, the “Services”).

B. The Services. Grilla offers the Services to Organizers, Players, and Fan Funders, each as defined below, and all others who make use of the Site. In particular, we organize and administer the organization of esports events (“events”) which are composed of matches in which Players participate. In this Agreement, Grilla refers to Organizers, Players, and Fan Funderscollectively as “you” or “your”. If you have any questions about the Services or the terms of this Agreement, please send us an email at Email.

In addition to the Sections below, these Terms of Use include and incorporate by reference the following agreements, terms, policies, requirements and guidelines:

Our Privacy Policy, available here;

Our Fair Play Policy, available here;

For Organizers, our Merchant Agreement, available here;

For Players, our Player Participation and Integrity Agreement, available here;

For Fan Funders, the terms and provisions of the Fan Funding Agreement between a Fan Funderand a Player (available here) that pertain to us.

Third Party Service Provider terms as described below.

Additional terms and conditions that are displayed along with additional Services that you may use or purchase from time to time.

(i) Organizers. Through the Services, Grilla provides event organizers, planners and organizations (“Organizers”) tools to create event registration and management, manage prize pools and event financing, market and promote events, ensure event integrity, and sell merchandise related to those events to users who wish to attend or support events.

(ii) Players. Through the Services, Grilla also, directly or indirectly, offers event and/or match participants (“Players”) the opportunity to participate in fair, safe, and well-organized matches events, as well as a platform for Players to finance their participation in events through engagement with Fan Funders.

(iii) Fan Funders. Through the Services, Grilla offers the opportunity to fans and event attendees (“Fan Funders”) who desire to financially support Players through administering arrangements between Fan Fundersand Players by which Fan Funders will finance a portion of Players' participation (“Fan Funding”) in events offered by Organizers or Grilla.

C. Changes to the Services. Our Services constantly change to better serve your needs and the needs of all our users. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. There will be no refund of fees already due following any such change to the Services.

We may, for such fees as we may establish from time to time in our sole discretion, provide additional services to you beyond the basic functionality of the Site. All such additional services shall be deemed a part of the Services and subject to all the terms and conditions of the Terms of Use. Such additional services shall be set forth in additional terms and conditions or other written agreements between you and Grilla, and shall set forth the applicable fees and the other terms and conditions relating to such additional services.

2. Grilla's Terms of Use.

A. License. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Services and Site; provided, however, that such license is subject to the terms of this Agreement and does not include any right to (a) sell, resell or use commercially the Services or Site Content, (b) distribute, publicly perform or publicly display any Site Content, (c) modify or otherwise make any derivative uses of the Services or Site Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Services or Site Content, except as expressly permitted by us, and (f) use the Services or Site Content other than for their intended purposes.

B. Privacy. Grilla respects the privacy of its users. Please review our Privacy Policy in order to learn about our practices with respect to the collection and processing of your information, which is accessible here. As set forth in the Privacy Policy, we collect location information from your device in order to, among other things, confirm that you are located in a place where a Match is legally permitted. The Privacy Policy, as amended from time to time, is hereby incorporated by reference into this Agreement.

C. Intellectual Property Rights. You acknowledge and agree that we or our licensors own all legal right, title and interest in and to all elements of the Services. The Services, and all of its contents, including without limitation, the Grilla name and logo and all text, photographs, images, illustrations, graphics, video material, audio material, software, tools, logos, titles, characters, names, button icons and the selection and arrangement thereof on the Site (collectively “Site Content”), are or may be protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Site Content is owned or controlled by us or by other parties that have provided rights thereto to us.

Except as expressly set forth herein, you may not, and agree that you will not, use, publish, reproduce, display, distribute, or modify the Site Content or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Services or use of such materials for any purpose not expressly set forth herein is a violation of our copyright and other proprietary rights. We reserve all rights in and to the Site Content, other than the limited license granted to you in this Agreement.

The Grilla name and logo and all related names, logos, domains, product and service names, designs and slogans are trademarks of Grilla or its licensors. You must not use such marks without the prior written permission of Grilla. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

D. Third Party Applications. The Services contain links to third party websites, services, and applications that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. We do not control, recommend or endorse and are not responsible for these websites or applications or their content, products, services or privacy policies or practices. When you access these third party websites, services, or applications, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third party websites, services, or applications. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third party websites, services, or applications, or the information or material accessed through these third party websites, services, or applications. If you decide to access any other website or application linked to or from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites, services, or applications.

3. Acceptance of Terms.

A. Binding Agreement. You agree to these Terms of Use and you enter into a binding contract with Grilla either when you sign up for a registered account by clicking “Sign Up,” “Register Now,” “Get Started” or similar buttons, or when you purchase merchandise, a service or conduct Fan Funding, in each case by clicking “Pay Now,” “Register Now,” “Buy Now” or similar buttons, or in accordance with Section 3.B below. You agree to these Terms of Use and you enter into a binding contract with Grilla by using, accessing or browsing any part of the Services. If you do not agree to any portion of these Terms of Use, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Use on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will also refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Use, do not use or access the Services.

THESE TERMS OF USE INCLUDE (A) AN ARBITRATION PROVISION FOR USERS LOCATED IN THE UNITED STATES; (B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST GRILLA FOR USERS LOCATED IN THE UNITED STATES; (C) CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF GRILLA; (D) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF GRILLA; AND (E) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST GRILLA ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.

B. Modifications or Updates. The world of technology is changing and evolving rapidly. We reserve the right, at any time, to modify, alter, and/or update this Agreement, and any such modifications, alterations, or updates will be effective upon our posting of the revised Agreement. We will use reasonable efforts to notify you in the event material changes are made to this Agreement, such as by posting a notice on the Site or sending you an email. Your continued use of the Services following our posting of any revised Agreement will constitute your acknowledgement of the amended Agreement. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Agreement, you may not access or use the Services.

C. Eligibility. The Services are offered and available to natural persons who are 18 years of age or older in jurisdictions where users may legally use the Services. In order to register an account, conduct Fan Funding, participate as a Player in any Matches, or otherwise use the Services, you must be physically located in a jurisdiction (either a U.S. state or a Non-U.S. jurisdiction) in which Fan Funding, and/or participation in the Match is permitted and unrestricted by the laws of that state or jurisdiction, as applicable.

4. General Restrictions and Termination.

A. General Site Use Restriction. You understand that you are liable for all content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree not to use the Services to:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize except as explicitly authorized by these Terms;

(d) impersonate any person or entity, including, but not limited to, a Grilla representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity, and you represent and warrant that you have acquired from all relevant third parties all intellectual property rights, other rights, approvals, licenses and consents necessary for your services and content and the use thereof by Matcherino and our Third Party Service providers;

(h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services or conduct any commercial conduct on this Site unless explicitly permitted in these Terms of Use;

(i) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(j) attempt to probe, scan or test the vulnerability of any server or network operated by Grilla or breach any security or authentication measures, unless you are an authorized contractor of Grilla specifically engaged to provide such services;

(k) attempt to avoid or circumvent any technological measure implemented to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;

(l) collect social security or insurance number, financial account number, drivers' license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining Grilla's prior written consent;

(m) stalk or otherwise harass any person or entity; or

(n) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

B. Termination. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

5. Organizers Use of Grilla.

A. License. Grilla hereby grants each Organizer who has validly executed a Merchant Agreement with Grilla a personal, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable (in accordance with the Terms of Use), limited right to access and use the Services subject to the terms of the Merchant Agreement and solely for the purposes of (a) browsing the Services and participating in events that are registered on the Services; and/or (b) if you are an Organizer, using the Services to create events and other webpages with respect to, and promoting, managing, tracking, and collecting sales or advertising proceeds for, an event, in each case (i) in compliance with these Terms of Use; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.

B. Payment Agent. With the exception of any event expressly organized by Grilla, Grilla is not the organizer or owner of the events listed or registered on the Services. Grilla provides the Services, which allow Organizers to list and promote their events, but all sales are made by the respective Organizer listed on the applicable event. Grilla also acts as the Organizer's limited agent solely for the purpose of using its third party payment providers to collect payments made by Fan Funderson the Services with respect to an event and passing such payments through to the Player or the Organizer, as the case may be. It is the Organizer's sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.

C. Payment Processing. Grilla offers Organizers, Players and Fan Fundersaccess to its proprietary payment platform, which collects funds associated with an event using third-party payment services who serve as money transmitters and money services businesses (Money Transmitters and Money Service Businesses as defined under the U.S. Code of Regulations, Title 31, Chapter X, Part 1010, Subpart A, and as defined under FinCEN). We utilize these third-party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processers”) within our Services. In depositing and withdrawing funds from your Grilla account, you appoint Grilla as your limited payment collection agent for the sole purpose of processing event-related and/or Fan Funding-related payments associated with the Services. Grilla is not a Money Transmitter or Money Service Business, but merely provides access to such Payment Processers within our Services.

Grilla does not and will not provide banking, deposit taking, stored value, or any other financial services to you other than serving as a limited payment collection agent as set forth in this Agreement. Grilla displays a balance of proceeds for your events in your account. However, that balance merely reflects the amount of event-related funds through our Payment Processers, and represents only a general unsecured claim against us and not a store of value or a deposit/current account.

You may only use the Services to: (i) deposit funds into your account to conduct Fan Funding activities, (ii) make payments to a payment pool, (iii) withdraw funds from your account, (iv) collect proceeds from Fan Funding, or (v) such other transaction as explicitly offered and provided in the Service. Users sending payments through the Services are bound by our Payment Processers' applicable terms of use.

As a condition to Grilla enabling credit card payment processing services, you agree to provide Grilla accurate and complete information about you and your business, and you authorize Grilla to share any such information with its Payment Processers, as well as transaction information related to your use of it. In all cases, standard credit card or other third party processing fees apply in addition to any service fees. We are not responsible for the performance of any payment service providers and the use of your account with such services.

D. Fees. Creating an account and accessing the Services is free. We charge our fees only when (i) Players participate in events, (ii) Organizers organize events, and (iii) Fan Fundersenter into Fan Funding with Players. All descriptions of standard fees on the Services represent the standard fees that Grilla charges to users. These fees may vary based on individual agreements between Grilla and Organizers, between Organizers or Grilla and Players, and between Fan Fundersand various Players. Organizers ultimately choose if fees assessed by Grilla will be passed along to Players. Fees paid by Players and Fan Fundersfor an event are not necessarily the same as those charged by Grilla to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by Grilla, but may in some cases include an element of profit and in some cases include an element of loss. Grilla does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for Fan Funding and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.

E. Rescheduling and Refunds. Either Grilla or an Organizer may elect, in their discretion, to cancel or reschedule an event. Unless an event is organized by Grilla, Organizers are responsible for informing any Players, Fan Fundersor other participants of any alterations to their events, including but not limited to rescheduling or cancellation. If an event is rescheduled or cancelled by an Organizer, please contact the Organizer directly.

Fan Funding arrangements are made between Fan Fundersand Players. In the event that an event is rescheduled, please contact Grilla or the appropriate organizer with any refund requests. Grilla will also work to ensure that Players refund Fan Funders in accordance with the terms of Fan Funding Agreements. In the case of events with prize pools held by Organizers, Organizers agree to post and maintain a refund policy on each event and that refund policy will govern. In the event that an Organizer has not responded to a refund request within two (2) business days or there is a dispute between an Organizer and Player that cannot be resolved, either party may contact Grilla. Grilla may, in its discretion, attempt to mediate such dispute, however, Grilla will have no liability for (a) an Organizer's or Player's failure to give refunds; (b) Grilla's failure to mediate a dispute; or (c) Grilla's decision if it does mediate the dispute.

F. Prize Pools. All Players participating in an event organized by Grilla or an Organizer can collect any prizes they have earned once they have created a Grilla account, and Grilla or the Organizer, as the case may be, has designated him/her a Prize Pool Recipient. It is the Organizer's sole responsibility to set the rules for awarding Prize Pool proceeds and to designate the Prize Pool Recipients in order to release the Prize Pool funds to the winners, which should occur no later than thirty (30) days after the end of the event. If the disbursement has not occurred within thirty (30) days after the end of the event, Grilla will work in good faith with all parties to resolve the issue.

In the event that the awarding of any prizes to Prize Pool Recipients is challenged by any legal authority, and to the extent that Grilla may exercise any control over the prizes, we reserve the right in our sole discretion to determine whether or not, and to whom, to award such prizes. Grilla, or any Organizer, may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the Prize Pool Recipient is required to represent and warrant that they are eligible to participate in an event, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance.

If a Prize Pool Recipient has not claimed his or her event winnings within one hundred eighty (180) days of disbursement, Grilla reserves the right to reissue the full amount of said event winnings to the Organizer, subject to payout and processing fees. Once funds have been reissued, Grilla relinquishes all right to the event winnings, and Prize Pool Recipients must communicate any desire to recoup the winnings to the Organizer.

6. Players Use of Grilla

A. Fair Play. Grilla is committed to organizing and administering fair, safe, and well-organized events. All Organizers, Players, and Fan Fundersare responsible to abide by the terms of Grilla's Fair Play Policy, available here. You may not engage in any activity that may be considered, in our sole discretion, as unfairly altering your our any other Player's chances of winning a match or event, including without limitation, creating multiple accounts, colluding with other players, using unauthorized software or hardware (including, without limitation, any automated technology) to assist play in any way, using controlled or performance enhancing substances, or otherwise interfering with the natural course of play.

You, as a Player, understand that you may be required by an Organizer or by Grilla to provide information in order to compete in online events, including information regarding your location.

B. Acceptable Use and User Content. You are solely responsible for your use of and access to the Services. You may not use, or encourage, promote, facilitate or instruct others to use, the Services, or any part thereof, to:

• Provide, submit or upload false, inaccurate or misleading information;

• Impersonate another user, person or entity, or use or attempt to use another user's account;

• Infringe upon, misappropriate or violate any other party's intellectual property, privacy, publicity, statutory, legal, personal or other rights;

• Collect, track, harvest or otherwise collect information about others, including without limitation email addresses;

• Send, upload, promote, distribute, disseminate, incite or encourage any unlawful, defamatory, disparaging, harassing, insulting, abusive, harmful, discriminatory, threatening, intimidating, malicious, fraudulent, violent, obscene, or otherwise objectionable content;

• Upload, transmit or distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other type of malicious code, or items of a destructive or deceptive nature, that could interfere with, disrupt, affect, damage, harm or impair the functionality or operation of the Site, the Services or of any related website, other websites, or the Internet, or that would restrict or inhibit any other person from using the Services;

• Modify, adapt, translate, copy, reproduce, duplicate, archive, download, publish, distribute, reverse engineer, decompile or disassemble the Services or portion thereof by any means, other than as expressly permitted by this Agreement or as otherwise clearly contemplated by the features and functionalities of the Services;

• Reformat, frame or mirror any portion of the Services;

• Use any robot, spider, site search/retrieval application, crawler, scraper, script, browser extension, offline reader or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, not authorized by us to access or otherwise use the Services in any way;

• Undertake, engage, carry out, encourage, or promote any illegal or unauthorized activity that would violate, or assist in violation of, any law, statute, ordinance, or regulation, including, but not limited to, money laundering, terrorist financing, or deceptive or manipulative trading activities; or

• Use the Services for any other unlawful, improper or unethical purposes, or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

If you violate the terms of this Agreement, including without the limitation, the foregoing Acceptable Use standards or the Fair Play Policy, Grilla reserves the right, in its sole discretion, to: (i) suspend or terminate your account and block your access to the Site and Services; (ii) require you to forfeit any receipts that you may have been entitled to receive but for such violation; and/or (iii) require you to disgorge any receipts collected through the Site or the Services.

C. License. If you submit any ideas, suggestions, comments or feedback to us about the Services (collectively, “Feedback”), you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable license to use and disclose your Feedback for any purpose, including without limitation, as part of the Services and any improvements and modifications thereto. You acknowledge and agree that we shall have no obligation to compensate you for any use of your Feedback, nor will we be under any obligation to use any Feedback you may submit.

D. Violations. If we determine that you have violated the law, this Agreement, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site or using the Services at any time without notice to you. If that happens, you may no longer use the Site or any Services. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any fan funderor merchandise order, and fan fundingor merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel any Fan Funding associated with any person we believe to be acting with you, or cancel your Fan Fundings, or exercise any other remedy available to us.

If we determine that you have violated the law, we may provide federal, state, or local law enforcement with information you provide to us related to your events and transactions to assist in any investigation or prosecution of you.

If you believe another user has violated the law or these Terms of Use, please report any violations by email to help@grilla.gg.

E. Fan Funding. As part of its services, Grilla serves as an administrator of Fan Funding arrangements between Players and Fan Funders. All Fan Funding arrangements are governed by the Fan Funding between a Fan Fundersand a Player. However, Grilla may cancel any Fan funding arrangement between any Player and Fan Funders, either by our own choosing or at the request of an Organizer, Player or Fan Funders, for reasons including but not limited to:

(a) The Player or Fan Funderengaged in unfair, harassing, unlawful, or otherwise inappropriate conduct at prior Grilla events.

(b) The Fan Funder is attempting to create a secondary Fan Funding market.

We may refuse to honor Fan Funding requests made from all accounts we believe may be associated with you, or cancel a Fan Funding arrangement associated with any person we believe to be acting with you, or cancel your Fan Funding Arrangements, or exercise any other remedy available to us.

At present, Grilla's Services do not permit the transfer or re-sale of Fan Funding arrangements. Users can only conduct Fan Funding through their own accounts.

6. Fan Funders' Use of Grilla

A. Fair Play. Grilla is committed to organizing and administering fair, safe, and well-organized events. All Organizers, Players, and Fan Funders are responsible to abide by the terms of Grilla's Fair Play Policy available here. You may not engage in any activity that may be considered, in our sole discretion, as unfairly altering your our any other Player's chances of winning a match or event, including without limitation, creating multiple accounts, colluding with other players, using unauthorized software or hardware (including, without limitation, any automated technology) to assist play in any way, using controlled or performance enhancing substances, or otherwise interfering with the natural course of play.

B. Account Registration and Communications. As part of certain registration processes on the Services, you will create an account or change or add information about your account. By creating an account, you agree to provide accurate, current and complete information about yourself, and to maintain and promptly update as necessary your account information. In the event of any dispute between two or more parties as to account ownership, you agree that Grilla shall be the sole arbiter of such dispute in its discretion and that Grilla's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

You are solely responsible for the security of your account, and you agree to maintain the security of your account and associated password. Do not share your password with any other person. You must notify us immediately by email at help@grilla.gg if you discover or otherwise suspect any security breaches related to your account.

You are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. By creating an account, you consent to receive electronic communications from Grilla, which may include notices about your account and other transactional information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

C. Acceptable Use and User Content. You are solely responsible for your use of and access to the Services. You may not use, or encourage, promote, facilitate or instruct others to use, the Services, or any part thereof, to:

• Provide, submit or upload false, inaccurate or misleading information;

• Impersonate another user, person or entity, or use or attempt to use another user's account;

• Infringe upon, misappropriate or violate any other party's intellectual property, privacy, publicity, statutory, legal, personal or other rights;

• Collect, track, harvest or otherwise collect information about others, including without limitation email addresses;

• Reformat, frame or mirror any portion of the Services;

• Use the Services for any other unlawful, improper or unethical purposes, or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

If you violate the terms of this Agreement, including without the limitation, the foregoing Acceptable Use standards, Grilla reserves the right, in its sole discretion, to: (i) suspend or terminate your account and block your access to the Site and Services; (ii) require you to forfeit any receipts that you may have been entitled to receive but for such violation; and/or (iii) require you to disgorge any receipts collected through the Site or the Services.

D. License. If you submit any ideas, suggestions, comments or feedback to us about the Services (collectively, “Feedback”), you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable license to use and disclose your Feedback for any purpose, including without limitation, as part of the Services and any improvements and modifications thereto. You acknowledge and agree that we shall have no obligation to compensate you for any use of your Feedback, nor will we be under any obligation to use any Feedback you may submit.

E. Fan FundingArrangements. As part of its services, Grilla serves as an administrator of Fan Funding between Players and Fan Funders. All Fan Funding arrangements are governed by the Fan Funding Agreement between a Fan Funder and a Player. However, Grilla may cancel any Fan Funding arrangement between any Player and Fan Funder, either by our own choosing or at the request of an Organizer, Player or Fan Funder, for reasons including but not limited to:

(a) The Player or Fan Funder engaged in unfair, harassing, unlawful, or otherwise inappropriate conduct at prior Grilla events.

(b) The Fan Funder is attempting to create a secondary Fan Funding market.

(d) The Fan Funder has engaged in conduct that violates the Acceptable Use Standards or our Fair Play Policy.

At present, Grilla's Services do not permit the transfer or re-sale of Fan Funding arrangements. Users can only conduct Fan Funding through their own accounts.

F. Violations. If we determine that you have violated the law, this Agreement, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site or using the Services at any time without notice to you. If that happens, you may no longer use the Site or any Services. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any Fan Funding or merchandise order, and stakes or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel any Fan Funding associated with any person we believe to be acting with you, or cancel your Fan Fundings, or exercise any other remedy available to us.

If you believe another user has violated the law or these Terms of Use, please report any violations by email to help@grilla.gg

7. Legal Terms Governing All Use of Grilla. All users of Grilla, including but limited to all Organizers, Players and Fan Funder, shall abide at all times with the following provisions:

A. Indemnification. By using the Services, including but not limited to, Fan Funding a Player, or participating in any matches, you agree to indemnify, defend and hold Grilla and its past, present and future parent, affiliates and subsidiaries, and each of their respective officers, directors, members, managers, employees, service providers, agents, contractors, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, fines, judgments, settlements, costs and expenses (including without limitation, reasonable attorneys' fees and expenses, including any incurred in enforcement of this indemnity) (collectively, “Losses”) arising in any way from or in connection with (i) your use, or misuse, of the Site or Services or any goods and services available or purchased on or through the Site or Services: (ii) any violation by you of this Agreement, our Privacy Policy or any other policy posted on the Site applicable to your use of the Site or the Services; (iii) any Feedback you provide to us; and (iv) any violation of the rights of a third-party. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification hereunder, in which event, you agree to assist and cooperate with us in the defense or settlement of any Losses.

B. Compliance with Law.

(i). Prohibited Use. As noted above, we may collect location data from your device in order to, among other things, confirm that you are located in a place where playing and Fan Funding are legally permitted. The patchwork of laws, rules and regulations governing contests, sweepstakes and tournaments with entry fees and/or prizes is complex, and is established by each individual U.S. state and Non-U.S. jurisdiction. If you are physically located in a U.S. state or Non-U.S. jurisdiction in which a playing or Fan Funding a match is prohibited (each a “Prohibited Location”), you cannot participate in such match, either by playing or Fan Funding a Player. You are responsible for determining whether you are located in a Prohibited Location; however, we may (but will not be obligated to) monitor your location and block your access to a Match if we determine you are located in a Prohibited Location. The following is a list of Prohibited Locations in the United States, which may be updated from time to time: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee. The following is a list of Prohibited Locations outside of the United States, which may be updated from time to time: the Balkans, Belarus, Burma, Burundi, Central African Republic, China, Cuba, Iran, Iraq, Lebanon, Libya, Mali, Nicaragua, North Korea, Russia, Somalia, Sudan, Syria, Venezuela, Yemen, Zimbabwe. This is not intended to be an exhaustive list, and it is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a prohibited or regulated jurisdiction. Grilla reserves the right (but have no obligation) to monitor the location from which you access Services and we may block access from any prohibited or regulated jurisdiction.

(ii). GRILLA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATION IN OR FAN FUNDING OF ANY MATCH OFFERED BY GRILLA OR YOUR USE OF THE SERVICES. THE SERVICES AND MATCHES ARE VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAWS, AND GRILLA WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY IF YOU ARE PREVENTED FROM USING THE SERVICES, FAN FUNDING, OR PARTICIPATING IN ANY MATCHES AS A RESULT OF ANY SUCH LAWS.

C. Copyright Claims. Grilla respects the intellectual property rights of all creators. If you believe that any Site Content violates or infringes upon your copyrights, you may submit a written notice to us in accordance with the Digital Millennium Copyright Act (the “DMCA”) containing the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

2. Identification of the copyrighted work(s) claimed to have been infringed.

3. Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material on the Site. Note that including specific URLs in your notice will help us to quickly identify the allegedly infringing material.

4. Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, or email address where you (the complaining party) may be contacted.

5. A statement that you (the complaining party) “have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”

6. A statement that the information in the notice is accurate and, under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the copyright owner.

Please send the DMCA notice to our designated Copyright Agent at:

help@grilla.gg

Please include the following in the subject line of your letter and/or email: Grilla DMCA Notice.

In response to a valid DMCA notice, Grilla reserves the right to remove the allegedly infringing content from the Site.

D. Disclaimers of Warranties.

VISITORS TO THE SITE AND USERS OF THE SERVICES AGREE THAT THEIR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SITE OR SERVICES IS AT THEIR SOLE RISK. THE SITE, THE SERVICES AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GRILLA MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT ON THE SITE OR SERVICES; AND (II) ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FUNCTIONALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE SITE, SERVICES, SITE CONTENT OR ANY MATCHES. WE DO NOT REPRESENT, WARRANT OR GUARANTEE: (1) THAT THE SERVICES, ANY PORTION OF THE SITE OR SERVICES, OR E-MAILS SENT FROM OR ON BEHALF OF GRILLA ARE OR WILL BE FREE FROM VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE CONTAINING DESTRUCTIVE PROPERTIES; (2) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE OR SERVICES. WHILE GRILLA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT SAFE, GRILLA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, SITE CONTENT, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY IN ANY MANNER.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS RELATED TO FAN FUNDING, YOUR USE OF THE SERVICES, OR ANY PLAYER'S PARTICIPATION IN ANY MATCHES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES; OR (F) THE OUTCOME OF ANY MATCH.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

E. Limitation of Liability.

YOU UNDERSTAND THAT GRILLA IS NOT RESPONSIBLE FOR ANY ACTS, OMISSIONS, INJURIES, OR CLAIMS: (i) CAUSED BY THE ORGANIZER, ANY PLAYER, ANY FAN FUNDER, OR THIRD PARTIES, OR (ii) THAT ARISE IN ANY OTHER MANNER FROM ANY EVENT ORGANIZED BY AN ORGANIZER AS A RESULT OF USING OUR SERVICES. BY ATTENDING AN EVENT THROUGH OUR SERVICES, YOU UNDERSTAND THAT YOU MAY AND WILL BE EXPOSED TO A NUMBER OF RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL INJURY. YOU UNDERSTAND THAT THESE RISKS ARE INHERENT TO SUCH EVENTS AND YOU FURTHER UNDERSTAND AND AGREE THAT ANY RESPONSIBILITY FOR ANY CLAIMS OR INJURIES ARISING THEREIN ARE SOLELY THE RESPONSIBILITY OF THE EVENT'S RESPECTIVE ORGANIZER. IN ADDITION TO ANY CONDITIONS EXPRESSED ELSEWHERE IN THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE: (A) GRILLA HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED; (B) GRILLA HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY THIRD PARTIES, INCLUDING THOSE YOU INTERACT WITH AS A RESULT OF USING OUR SERVICES; (C) TO RELEASE GRILLA FROM ALL DAMAGES, COSTS AND EXPENSES OF EVERY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH ANY EVENT LISTED ON THE SERVICES; (D) ANY AND ALL POTENTIAL CLAIMS AGAINST GRILLA ARE FURTHER SUBJECT TO THE INDEMNIFICATION TERMS AS PROVIDED ELSEWHERE IN THESE TERMS OF SERVICE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GRILLA, OUR PAST, PRESENT OR FUTURE PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE, THE SITE, SERVICES, ANY SITE CONTENT OR OTHER MATERIALS, OR ANY THIRD PARTY SITES OR PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF GRILLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GRILLA ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SERVICES, SITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT ACTUALLY RECEIVED BY GRILLA FROM THE SALE OF THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM (LESS ALL COSTS, FEES, COMMISSIONS AND OTHER LIABILITIES INCURRED BY GRILLA IN CONNECTION THEREWITH).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

F. Modifications of the Site and the Services. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site and the Services (or any features or parts thereof) or suspend or discontinue any transaction on the Site at any time and without liability therefor.

G. Arbitration. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Grilla or its successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in Wilmington, Delaware, and will be governed by the American Arbitration Association's (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

To the fullest extent permitted by applicable law, you and Grilla must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor Grilla may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

H. Governing Law. We control and operate the Services from the United States of America. We do not represent that the Site or other materials on the Services are appropriate or available for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with all local laws, if and to the extent local laws are applicable. We may take legal action against you or related parties that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms of Use.

You agree that any dispute arising under or related to this Agreement will be governed by, and construed in accordance with, the laws in effect in the State of Delaware, without regard to its conflicts of law principles. Notwithstanding the arbitration provisions above, in the event that we elect to seek injunctive or other equitable relief, or there is a dispute that is otherwise not subject to arbitration, you expressly and irrevocably consent to the exclusive jurisdiction of the state or federal courts, as applicable, located in Wilmington, Delaware, and to the exercise of personal jurisdiction in such courts in connection with any such dispute.

I. Severability. If any provision, or portion thereof, of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision, or portion thereof, shall be severable from the remainder of this Agreement, and all other terms and provisions of this Agreement shall remain in full force and effect.

J. Survival. All terms and provisions of this Agreement that are intended to survive the expiration or termination of this Agreement and the termination of your Account shall so survive.

K. Seizure Risk Warning. Activities occurring on the Site may offer users access to streams of video game play and other types of video content. Some individuals, upon exposure to particular visual images, lights, and patterns, may experience epileptic seizures. A number of video games and content, including those that occur on the Site, may feature such photosensitive elements. Even persons who have no history of prior seizures or epilepsy may experience epileptic episodes.

If you, or anyone in your family, have an epileptic condition, speak with a physician before watching any game or other video content on the Site. Cease viewing IMMEDIATELY and consult a physician before resuming if you experience any of the following symptoms: dizziness, blurred or irregular vision, eye or muscle twitches, loss of awareness, disorientation,involuntary movement, or convulsions.

L. Other Provisions. Except as provided above, this Agreement is the entire agreement between you and Grilla with respect to the Site, Services, Site Content, and your participation in any Matches, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Grilla with respect to those matters. No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service, except to the extent expressly set forth in the Terms of Use or another agreement referenced herein.This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Grilla. Grilla's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, or of Grilla's right to enforce such right or provision. Except as otherwise provided above, this Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity. We may translate these Terms of Use (or any of the agreements that make up these Terms of Use) into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.