These are the Terms of Service of Abstraction. Abstraction recommends that you read these Terms of Service closely before using our Services, so as to ensure that you are familiar with your applicable rights and duties. Please also read our Privacy Statement closely, in which we describe how we collect, store, use and disclose personal data when providing our Services to you, and your rights and choices concerning such personal data. If you are not willing to be governed by these Terms of Service and/or if you do not want us to collect, store, use or disclose your personal data, you will have to leave the Abstraction website(s) and/or Services and to refrain from making use of the Services provided by Abstraction.
In these Terms of Service, “Abstraction, Abstraction Games,” or “we,” “our,” or “us” means or refers to Abstraction Games B.V., with registered office and place of business at Deken Mandersplein 2-4, 5554 HT Valkenswaard, The Netherlands; “you” or “your” means or refers to you as a natural person visiting Abstraction website(s) and/or making use of the Services.
The capitalised terms bear the meaning assigned to them below for the purposes of these Terms of Service:
Account: an account you create or an account that is being created for you for accessing and/or using the Services.
Game(s): game(s) owned, operated, offered and/or (otherwise) provided by Abstraction, including all of its components (along with the relevant graphics, characters, music and narrative) and updates, which can be played on a computer, console, handheld device, mobile phone, or other system (streamed or otherwise, via the Internet, a network or otherwise).
Intellectual Property Rights: all international intellectual property and similar or related rights in the broadest sense of the term, which in particular is deemed to include – but is not confined to – (1) copyright, (2) design rights, (3) trademarks, (4) database rights, (5) domain names, (6) patents, and (7) know-how (or entitlement to the foregoing), which is deemed to include all of the powers (and which is at any rate deemed to include those of replication and publication) that the relevant national and international legislation confers or may yet confer.
Services: Game(s), products, services, content and/or websites or domains owned, operated, offered and/or (otherwise) provided by Abstraction.
Terms of Service: these terms of service, which are applicable to (the use of) the Services.
User Content: any information (which is deemed to include – but not confined to – files, data and/or other materials) which you upload, transmit, create and/or (otherwise) generate through the Services (excluding Virtual Items), for example, placing comments or images in Games.
Virtual Items: virtual currency, including – but not confined to – virtual coins, cash, tokens, or points and/or (other) virtual in-game items, all for use in the Services.
2.1. These Terms of Service apply to (the use of) the Services, which shall include – but is not confined to – the visiting and/or use of Abstraction website(s), the (creating of) accounts and/or personal profiles on Abstraction website(s) and in Games, and the downloading and/or playing of Games.
2.2. In addition to these Terms of Service, the provisions of the Abstraction Privacy Statement shall apply in full.
2.3. By using the Services, in the broadest sense of the term, you confirm that you have read these Terms of Service, that you understand these Terms of Service, and that you consent to being bound by these Terms of Service and/or any other applicable provision of applicable law.
3.1. For accessing and/or using our Services, we may request you to create an Account and/or provide us with certain personal data in accordance with our Privacy Statement.
3.2. You agree to provide us with correct, accurate, complete, and up-to-date information.
3.3. To access and/or use Services and/or to create an Account, you may also need an account with a social (media) network and/or company, (online) game platform and an account with a company that provides your mobile network, operating system(s) and other applications. You may need to update third-party software from time to time in order to receive Services and play Games. You are fully responsible and liable for all equipment and connection fees and all related costs in order to use the Services (such as costs for computer, phone, tablet, Internet connection and all related subscriptions and data usage costs).
3.4. If you are requested to create an Account and/or if an Account has been assigned to you, you are responsible and liable for maintaining the security and confidentiality of your Account. You are not allowed to share your Account details with others or allow others to access or use your Account. Abstraction will treat all acts performed through your Account as acts performed by you. You therefore accept full responsibility and liability for all acts performed using your Account, whether or not authorised by you, including all purchases made by any payment methods whatsoever (including – but not confined to – credit card or PayPal), and you understand you may be held liable for all costs, damages, and/or losses incurred by us or any other user of the Services caused by you and/or someone else using your Account.
3.5. If you become aware of any actual or suspected loss, theft, fraud, or (other) unauthorised use of your Account, username or password, you are obligated to inform us immediately in writing.
3.6. At any time, you may stop using our Services and request that we delete your Account. We are not required to provide refunds, benefits, or other compensation if you request deletion of your Account, unless this contravenes mandatory provisions of applicable law.
3.7. To avoid retaining (excessive) data and/or data which is no longer needed for providing our Services and/or to improve our Services, we may delete or terminate accounts that are inactive. Inactivity shall be assumed when an Account has not been logged into for 18 (eighteen) months. In case of deletion or termination of your Account for this reason, or for any other reason as referred to elsewhere in these Terms of Service, we are under no obligation to, and shall not, reimburse, refund or compensate any loss allegedly incurred as a result of such action. You are aware, and accept, that when your account is deleted or terminated for whatever reason, whether voluntary or involuntary, also your Virtual Items and User Content will be lost and you will not receive money or other compensation, whether you made the payment through Abstraction or any other platform where our Services are being offered.
3.8. Without prejudice to our other rights pursuant to these Terms or applicable law, Abstraction shall, in its sole discretion, at any time be entitled to limit, suspend, terminate, modify, or delete Accounts and/or access to (part of the) Services without any liability towards you, unless this contravenes mandatory provisions of applicable law. We will endeavour to give you reasonable notice of the aforementioned (material) changes.
4. Use of Services
4.1. You are not allowed to use our Services if: - You cannot enter into a legally valid and binding contract with Abstraction. - You are under 16 years of age, in which case you must not create an Account, use any of our Services, or submit any personal information in the Services or to Abstraction. - You have previously been banned from playing any Abstraction Games’ Games or using any Abstraction Services, unless Abstraction has reversed that ban, in its sole discretion. - If you are under the age of 18, or under the age of majority where you are located, you represent that your parent or legal guardian has reviewed and agreed to these Terms of Service.
4.2. Without prejudice to our other rights pursuant to these Terms or applicable law, including – but not limited to – our rights to limit, suspend, terminate, modify or delete accounts or access to our Services elsewhere in these Terms, we stress that we reserve the right to, either temporarily or permanently, deny you an Account and/or access to our Services, and have the right to suspend and even terminate your Account and/or access to our Services, if we have any reason to believe that any of the abovementioned restrictions apply to you. You agree that should we take such action we are under no obligation to, and shall not, reimburse, refund or compensate you for any loss allegedly incurred as result of such action
5. General limitation of use
5.1. You are not permitted to modify or deform any part of the Services – which is deemed to include but is not confined to the Games and/or User Content for any purpose whatsoever.
5.2. You are not permitted to circumvent (or attempt to do so) the technical security mechanisms incorporated into the Services, to disable them or to interfere with them in any way for any purpose whatsoever.
5.3. You are not permitted to collect or gather and/or to use the personal details of any other users of the Services.
5.4. You are not permitted – as part of the conduct of any commercial or business operations – to use the Services with any acquisitive purpose in mind or to approach other users of the Services with regard to the Games or User Content which they have placed on it for commercial or business purposes.
6.1. Abstraction reserves the right to (remotely) update, modify, supplement and/or screen off (the content – or parts of) the Services as we see fit or to accommodate our own requirements and/or to include new Services, Games and/or User Content or to remove same (or cause this to be done), without notifying you. We may require that you accept such updates in order to continue to use our Services. You waive the right to take legal action of any nature whatsoever against Abstraction, where the issue in dispute concerns the content of the Services and/or the denial of access to it (or parts of it).
6.2. Abstraction reserves the right, in its sole discretion, to stop offering and/or supporting (part of) the Services at any time either permanently or temporarily, in which case your right to use the Services or any part of them as of then will be automatically terminated or suspended. In such events, Abstraction is not required to provide any refunds, benefits, or other compensation to you on any grounds whatsoever, including – but not confined to – in connection with discontinued use of the Services, for (the loss of) Virtual Items earned or purchased and/or for (the loss of) User Content, unless this contravenes mandatory provisions of applicable law.
7. Unacceptable User Content
7.1. What follows below is a summary – which is not exhaustive – of User Content which you are prohibited from placing on or otherwise contribute to the Abstraction website and/or Services in any way or form whatsoever:
(i) discriminatory, insulting or otherwise offensive User Content (based on race, religious belief, sex, appearance, culture, sexuality or gender and so forth);
(ii) any User Content which incites violence or aggression against any person or persons, and/or which is a source of harassment towards any person or persons;
(iii) any User Content which exploits or abuses people in a sexual, violent manner;
(iv) any User Content whose nature breaches public morals and/or the bounds of social propriety (which includes but is not confined to pornographic, erotic and/or violent material or which contains a link to a website where such material may be found); Abstraction Games B.V. - Terms of Service Version 2019/09/04 Page 5 of 11
(v) any User Content which retrieves the personal details of minors or which discloses information which infringes on other people’s privacy;
(vi) any User Content which promotes or perpetrates the conduct of illegal activities or which incites threatening, obscene or abusive behaviour;
(vii) any User Content which infringes on the Intellectual Property Rights or the privacy of users of the Services, other parties or Abstraction;
(viii) any User Content taking the form of chain letters, junk mail, spam and so forth;
(ix) any User Content using passwords and/or any other party’s private information or which retrieves passwords and/or any other party’s private information, be it for commercial, illegal or other purposes;
(x) any User Content directed towards the pursuit of commercial activities (which includes but is not confined to lotteries, advertisements, competitions and games) without Abstraction Games’ written consent as required;
(xi) any User Content which includes photographs, images, music (or musical works), text, drawings, designs, sketches – of characters or otherwise – and/or any other work belonging to some other party without the latter’s consent;
(xii) any User Content which contravenes the law or other applicable regulations and/or these Terms of Service and/or Abstraction Games’ Privacy Statement.
7.2. Abstraction shall exercise sole discretion in determining whether specific User Content is unacceptable and/or in removing such User Content. However, Abstraction shall have no obligation to monitor the Services for unacceptable User Content or (other) conduct of users.
8. Reporting unacceptable User Content
8.1. Abstraction shall investigate reports made by users or other parties concerning unacceptable User Content (for example, based on an infringement of Intellectual Property Rights or a breach of Article 7 of these Terms of Service) or any other form of unlawful conduct in relation to the Services, and shall take action (legal or otherwise) to address them if required. Anyone who is of the opinion that he has encountered such content, is requested to report this to Abstraction using the online contact form on Abstractions’ website.
8.2. Should a report reveal that, according to Abstraction, the relevant content is patently unlawful, Abstraction can decide to proceed at any rate with its removal.
8.3. Irrespective of any report, Abstraction shall exercise sole discretion in determining whether specific content should be deemed to be unacceptable and/or unlawful. In the event that Abstraction does not endorse a report for any reason or on any grounds whatsoever, it will not proceed with the removal of the relevant content and it shall not be liable towards the person who was responsible for the report concerned or towards any other party.
8.4. In the event of a dispute between a person who has filed a report and supplier of the relevant content, Abstraction shall not be (or be capable of being) a party to it in any way whatsoever.
9. Abstraction Games’ refusal to accept and/or its removal of User Content
9.1. Abstraction shall at all times be entitled to refuse to accept any User Content (without citing reasons for doing so) or to remove same from the Services deliberately or otherwise without requiring any prior consent, without the need to notify of this beforehand, and without Abstraction being liable towards you or any other party in this respect.
9.2. In particular, Abstraction shall be entitled to proceed with removal as provided for in the foregoing clause, if some other user, a user of the Abstraction Services or any other party gives Abstraction notice to the effect that the relevant User Content infringes on any right held by him or some other party and/or that User Content is unacceptable under the terms of Article 7.1 of these Terms of Service. Under no circumstances shall Abstraction be liable towards any person whatsoever, if such removal occurs as a result of an inaccurate and/or unjustified report.
9.3. In the event of regular cancellation in accordance with the provisions these Terms of Service, Abstraction aims to remove the relevant User Content from the Services within 25 (twentyfive) working days. Abstraction shall not be responsible and/or liable for the installation (subsequent or otherwise) and/or use (continued or otherwise) or retention of the Games (data) and User Content, which are stored by any other parties (including other developers and/or users of the Services) on their own computers, network, (cache) memory and/or server and the like, except insofar as this contravenes mandatory provisions of applicable law.
10. Intellectual property
10.1. All of the Intellectual Property Rights to the Services and to parts of it, which parts are deemed to refer to, amongst other things – and hence not confined to – the graphic design and layout of the Abstraction website as well as the Games and User Content, belong to Abstraction and/or its licensors.
10.2. You warrant that you will fully respect the Intellectual Property Rights referred to in the foregoing clause. In particular, you are not permitted to copy, distribute, decompile, remove any inscription concerning the rights holders from, or to otherwise use, publish and/or replicate parts of the Services – which includes but is not confined to the Games and/or any content made available by Abstraction – using any medium whatsoever, be it for commercial purposes or otherwise, without Abstraction and/or any other rights holder giving you prior written permission to do so.
10.3. In the event that you fail to comply with the duties set out in the foregoing clauses of this article, Abstraction may – without the need to issue a notice of default or a warning for this purpose – deny you access to all or part of the Services, to deny you any further use of it, to refuse to accept any User Content which you offer and/or to remove same from the Services, subject to Abstraction Games’ right to seek compensation through the courts.
10.4. You guarantee that you will not do or omit anything which infringes upon the Intellectual Property Rights of Abstraction, or of third parties from whom Abstraction has demanded an (exclusive) licence, which invalidates these rights and/or jeopardises the ownership of the entitled party and/or Abstraction Games’ exclusive right to use these intellectual property rights.
10.5. Inasmuch as any Intellectual Property Rights arise in relation to the Services, an inasmuch these rights are vested in you, either wholly or part, such as – without limitation – Intellectual Property Rights pertaining to User Content and/or Virtual Items, these (partial) rights shall be transferred to Abstraction for no consideration at the latter’s first request. In so far as is relevant, when first requested by Abstraction, you shall help ensure that all formalities are observed, which may be necessary and/or prescribed in connection with the full assignment of Intellectual Property Rights. In so far as it is legally impossible for you to assign the Intellectual Property Rights, you hereby grant Abstraction an exclusive, free, comprehensive, unlimited, worldwide license, which is not susceptible of cancellation. This license shall at any rate include – but shall not be confined to – the exclusive right of publication and replication in any form whatsoever. In so far as this may still be necessary after granting such license, you grant Abstraction irrevocable power of attorney to take action against any other party, at our own risk and expense, pursuant to an infringement of any Intellectual Property Rights as meant in this clause. To the extent permitted by applicable law, you waive any moral rights you may have in any User Content.
11. No ownership and no transfer of Account, User Content and Virtual Items
11.1. Regardless of any other statement in these Terms of Service and/or any other applicable rules, you shall not own and/or acquire ownership of any Account that you create or is being created for you in relation to our Services, including – but not limited to – our Games, and your Account is not your property. Likewise, you shall not own and/or acquire ownership of any Virtual Items that you obtain through our Services or otherwise, regardless of how and via which party you obtained such Virtual Items. Your Account and any Virtual Items are owned by Abstraction. Abstraction grants you a limited, personal and non-transferrable license to use your Account and Virtual Items while we offer the Services and in accordance with these Terms of Service.
11.2. Other than as stipulated in these Terms of Service, you are not allowed to transfer your Account, User Content or Virtual Items outside of the Services, for example by selling, gifting, trading or giving access to them. Abstraction will not recognise such transfers as legitimate nor do we recognise any monetary value or other value you may attribute to your Account, User Content or Virtual Items, and you agree not to attribute any monetary of other value to such. Even though you may purchase Virtual Items for “real world” money, this does not mean that you can, or are allowed to, monetise or attribute monetary or other value to such Virtual Items as described in this clause. You are therefore in particular, but not only, not allowed to sublicense, trade, sell, or attempt to sell your Account, User Content or Virtual Items for “real” money, or exchange your Account, User Content or Virtual Items for value of any kind outside of a game. Any such (attempted) transfer is prohibited and void, and Abstraction reserves the right to terminate your Account because of it.
12. Other users of the Services
12.1. You are fully responsible and liable for your interactions with other users of the Services. If you have an issue with another user, Abstraction is not required to get involved, but we can if we desire at our sole discretion. If you have a dispute with another user, you release Abstraction, the Abstraction Corporate Family, and all Abstraction Affiliates, all including their agents, consultants, employees, officers and directors, from any responsibility, claims, demands, and/or damages (actual or consequential) or any (other) liability of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes – but is not confined to – damages for loss of profits, goodwill, use, or data. This also applies to users located in the European Economic Area unless insofar express legal provisions of mandatory law applicable in the country where you reside prescribe otherwise.
12.2. Abstraction shall not accept any responsibility or liability whatsoever for the failure of you and/or any other user of the Services to comply with the provisions of these Terms of Service, Abstraction Games B.V. - Terms of Service Version 2019/09/04 Page 8 of 11 the Privacy Statement and/or (other) applicable rules and/or applicable law, unless there has been gross culpability or negligence on the part of Abstraction or if the latter is notified in writing of such non-compliance and Abstraction fails to act in this respect within a reasonable period of time, provided that it is solely in its power to do so and you are unable or not allowed to act on your own authority.
13.1. You warrant that you are fully, independently and solely responsible and liable for the User Content (or its unlawful nature) which you place on or otherwise contribute to the Services. You shall indemnify Abstraction with respect to this User Content as provided for in these Terms of Service.
13.2. By placing or otherwise contributing User Content at the disposal of Abstraction, you warrant that:
(a) the User Content that is made available does not – at any rate – contravene the provisions of Article 7.1 of these Terms of Service;
(b) no other permit or licence is required from any party whatsoever to use the User Content that has been made available on or for the benefit of the Services;
(c) you are fully entitled and authorised to consent to be bound by these Terms of Service in relation to any User Content that is made available, or that you are fully entitled and authorised to consent to some other person or a legal entity being bound by these Terms of Service;
(d) any User Content that is made available is free of viruses, worms, trojans or any other software which may compromise the functionality, accessibility or speed (uploading or otherwise including connect and response times) of the Services and/or the computer systems and/or programs belonging to Abstraction and/or any other party;
(e) any User Content that is made available is not in any way of a commercial nature, unless Abstraction consents to this in writing.
14. Breach of Terms of Service
14.1. As long as you fully comply with these Terms of Service and subject to these Terms of Service, you may use the Services for your own non-commercial, entertainment purposes. You ensure not to use the Services for any other purpose and agree that Abstraction will have no liability to you on any ground whatsoever for any damage or loss arising from unauthorised uses.
14.2. If you breach these Terms of Service, or any of our other terms that apply to you, Abstraction may take action against you, which may include – but is not confined to – terminating your Account. In addition, you may be breaking applicable law, including breaches or violations of Abstraction Games’ or its licensors’ Intellectual Property Rights. Any attempt by you to disrupt or interfere with the Services, including without limitation undermining or manipulating the operation or provision of any of Abstraction Games’ Services, shall be considered as a breach of these Terms of Service and may also be a breach or violation of criminal and civil laws.
14.3. If we do not enforce our rights under these Terms of Service or applicable law, this does not waive our rights to do so later. If we do waive a provision of these Terms of Service, this does not mean we will automatically waive this provision or (similar or other) defaults or breaches in the future.
15. Availability of the Services; warranty disclaimer
15.1. Abstraction, the Abstraction Corporate Family, and the Abstraction Affiliates, all including their agents, consultants, employees, officers and directors, make no promises or warranty that the Services or any content on them will always be available, uninterrupted, or errorfree. We explicitly disclaim any of such promises or warranties. We may also suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
15.2. The Services may consist of software, cloud services and/or similar (IT-)services. You acknowledge that software, cloud services and/or similar (IT-)services can never be 100% flawless, secure, reliable and/or available. Any Services by Abstraction shall be provided on the basis of an obligation of effort, unless explicitly agreed otherwise in writing.
15.3. Any use of the Services is at your sole risk. All Services are provided on an “as is” basis. To the extent permitted by applicable law, Abstraction, the Abstraction Corporate Family, and the Abstraction Affiliates, all including their agents, consultants, employees, officers and directors, make no warranties, conditions, or other terms of any kind, either express or implied, about the Services other than those expressly made by, and then only on behalf of, the relevant entity/entities in these Terms of Service. Abstraction disclaims – for itself and also on behalf and for the benefit of the Abstraction Corporate Family, the Abstraction Affiliates, and all their agents, consultants, employees, officers, and directors – any warranties of title or implied warranties, conditions, or other terms of non-infringement, merchantability, quiet enjoyment, or fitness for a particular purpose.
16. Indemnification and compensation
16.1. You shall expressly indemnify Abstraction and any business or person associated with it as well as the users of Services and hold them fully harmless against any claim, demand, costs or losses on the part of Abstraction and/or some other party (including any made by another user) or otherwise, howsoever called and on whatever grounds they arise in respect of your conduct in relation to the Services, in particular User Content that is made available, especially with regard to any claim which is based on an allegation to the effect that Intellectual Property Rights are being infringed on or any claim that is made pursuant to any action on your part which contravenes any provision of these Terms of Service.
16.2. You shall compensate Abstraction for all of the costs that it has incurred or is still to incur in relation to any claim referred to in the foregoing clause.
17.1. Abstraction shall not be liable towards you for:
(a) any loss suffered by you or any other party which occurs in relation or pursuant to the conduct of third parties, including other users of the Services and operators of external services;
(b) any loss suffered by you or any other party which occurs in relation or pursuant to any User Content made available to Abstraction (or its use);
(c) any loss suffered by you or any other party which occurs pursuant to any failure to comply with these Terms of Service and/or the Privacy Statement and which is attributable to you or any other user of the Services; (d) any loss suffered by you or any other party which occurs in relation or pursuant to the use, inaccessibility and/or slowness of the Services or the fact that it is impossible to use them.
17.2. Subject to the provisions of the foregoing clause any liability on the part of Abstraction shall be confined to loss that is suffered directly and subject to a maximum equivalent to the sum which Abstractions’ liability insurance provider disburses or pays out in the relevant case. Liability for any indirect (loss of earnings, profits, goodwill, data (or interruption or corruption of data) or otherwise), consequential or other loss (or compensation for same) is explicitly precluded.
17.3. You shall be liable for all of the expenses incurred by Abstraction (including a lawyer’s fees) and any loss suffered by it or which it may suffer in connection with a failure on your part to comply with these Terms of Service and the Privacy Statement, or which are or is related to any other unlawful action towards Abstraction.
17.4. In so far as Abstractions’ liability insurance provider does not proceed with disbursements or payment for any reason whatsoever, and/or one or more limitation(s) of Abstraction Games’ liability contravenes any mandatory law, or are not upheld by a court of law, Abstraction Games’ total liability, or at any rate its duty (legal or otherwise) to pay compensation, shall in any event be confined to a maximum equivalent to the amount for which Abstraction issued an invoice and no more than EUR 250,- (two hundred and fifty euros).
17.5. Limitations of liability referred to in this section shall not apply in the event of wilful intent or gross negligence on the part of abstraction games, albeit only in so far as the loss concerned is due to wilful intent or gross negligence, in respect of which you shall bear the onus of proof, unless otherwise applicable pursuant to the legally stipulated burden of proof.
17.6. You acknowledge, accept and agree that Abstraction stipulated this limitation of liability, as well as any disclaimer and indemnification obligations set forth in these Terms of Service, also on behalf and for the benefit of the Abstraction Corporate Family, the Abstraction Affiliates, and all their agents, consultants, employees, officers, and directors.
17.7. You acknowledge, accept and agree that the limitation of liability, as well as any disclaimer set forth in these Terms of Service, are key elements of our agreement, and that without you accepting these Terms of Service in full, including (but not limited to) these key elements, you would not have been granted an Account or access to our Services in the first place.
18. Force majeure
18.1. Without prejudice to our other rights regarding limitation of liability and warranty disclaimer under these Terms of Service, we are not liable for any failure to perform our obligations under these Terms of Service, nor shall we be liable for damages or injuries whatsoever, if non-performance, damages and/or injuries are the wholly or partly the result of any cause beyond our reasonable control, for example – but not confined to – natural disasters, war, terrorism, riots, embargoes, sanctions, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labour, and/or materials.
19. Other provisions
19.1. Abstraction shall at all times be entitled to amend these Terms of Service unilaterally and without giving notice thereof. It would therefore be wise if you consult these Terms of Service regularly to check whether they may have been updated. If you are located in the European Economic Area, we will endeavour to give you at least one month’s notice of any material changes before they take effect, and if you are unhappy with those changes, you can choose to cancel your Services under these Terms of Service.
19.2. These Terms of Service embody all that the parties have agreed and replace any prior agreement and/or arrangements made by you and Abstraction.
19.3. In the event that one or more provisions of these Terms of Service is or are invalid, or are nullified, this shall not affect the validity of the remaining provisions.
19.4. Abstraction shall be entitled to assign our rights and/or obligations under these Terms of Service and the Privacy Statement to any person or entity at any time with or without your consent. You shall not have the right to (partially) assign your rights and/or obligations under these Terms of Service and the Privacy Statement to any third party, except with the explicit prior authorisation from Abstraction in writing.
20. Governing law and competent court of law
20.1. These Terms of Service shall be governed by and construed in accordance with the law of the Netherlands.
20.2. Any dispute, which is deemed to include what a single party considers to be such, that occurs pursuant or in relation to these Terms of Service, the Services and/or any agreement arising pursuant or in relation to it (or the implementation thereof), as well as any other legal act which cannot be resolved amicably, shall only be brought before the District Court of Utrecht in the Netherlands, unless insofar express legal provisions of mandatory law applicable in the country where you reside prescribe otherwise.