Last updated: 23 October 2020
For residents of the United States of America: these Terms contain a binding arbitration clause and class-action waiver at Paragraph 15 below. Please read it carefully.
- You may only agree to these Terms if you are an adult of full legal age of majority in the country or state in which you live (for example, 18 years of age in England). This applies to you even if the age rating for a Game or other content we make available indicates that it is suitable for children.
- In any event, you should only play a Game or access our other Services if you are at least as old as the relevant age rating in the country or state in which you live.
For parents and legal guardians
- If you are a parent or legal guardian of a child who has asked you to agree to these Terms so that they may use the Services (your Child), then please read the following points carefully.
- We recommend that you familiarise yourself with any parental controls available on the devices and platforms on which your Child will want to access and use the Services. These controls may be used to limit the amount of time and money spent on games, and also to manage features such as in-game messaging with other players. You can find out more about parental controls online, in most cases on the website of the manufacturer of the relevant device or the provider of the relevant platform. In addition, you can find further information at the following URL: https://www.askaboutgames.com/get-smart-about-play.
- You should ensure that your Child only plays Games or accesses our other Services if they are at least as old as the relevant age rating in the country or state in which you live. Age rating systems vary between devices and regions, but you can find out more about age ratings through the relevant device and online, for example, at the following URL: https://www.askaboutgames.com/pegi-rating.
- By agreeing to these Terms you will be jointly and severally liable for all acts carried out by your Child when they are using the Services.
1. Who we are
1.1 – We are The Irregular Corporation Limited, a company registered in England and Wales with company number 09911973 (TIC, we, our and us). Our registered office is at 111 Buckingham Palace Road, 4th Floor, London, England, SW1W 0SR. Our VAT number is GB225977866.
1.2 – We’re an independent publisher with a team spread across the world. We provide finance, development and publishing support for games. We work closely with experienced developers around the world to help them create their best work and expose it to a global audience.
1.3 – You can contact us by email at [email protected].
2. About these Terms
2.1 – These Terms govern the relationship between you and us in relation to your use of:
- games published by or for us, whether you play them on your computer, games console, smartphone or any other device or platform (each a Game and together the Games);
- the website controlled or operated by us at theirregularcorporation.com or pcbuildingsim.com (the Websites); and
- all other services that we may provide to you from time to time, unless we specifically state that different terms and conditions apply to those services.
2.2 -In these Terms, we refer to our Games, Websites and other services mentioned in Paragraph 1 above as the Services.
2.3 – By using the Services, you are agreeing to these Terms and are entering into a binding legal agreement with us incorporating these Terms (the Agreement). If you do not agree to these Terms, please do not attempt to download, install or play any of our Games or otherwise use the Services.
2.4 – In order to receive certain Services from us (for example, but without limitation, participation in competitions or beta access to Games), we may also require you to enter into additional terms and conditions that supplement, amend or replace these Terms as stated within those additional terms and conditions.
2.5 – If you purchase any Games directly from the Websites, you will be subject to additional terms and conditions that supplement, amend or replace these Terms as stated within those additional terms and conditions provided to you at the point of purchase.
3.1 – We own, or are otherwise permitted by third parties to use, all the intellectual property rights in our Games, the Websites and any other works made available to you in the course of our providing the Services.
3.2 – In return for your acceptance of these Terms, we grant you the personal right (known as a ‘licence’) to play our Games and use our other Services, strictly subject to these Terms, and in particular to the restrictions set out in these Terms.
3.3 – The licence granted to you by us to use the Services under these Terms is limited in a number of ways as set out below. This licence is:
- non-exclusive, meaning that we can grant the same or similar licences to other people as well;
- personal, not transferable and not sub-licensable, meaning that the licence is only for your benefit and you may not grant the licence to anyone else (only we may grant licences to use the Services);
- revocable, meaning that we can terminate this licence in the circumstances set out in these Terms;
- non-commercial, meaning that you can only use the Services for private domestic purposes and not for commercial purposes;
- limited to using the Services for the purposes we set out in these Terms and for the duration that these Terms are in force; and
- conditional on your compliance in full with these Terms.
3.4 – If the relevant Services provided are access to one of our Games, the licence granted to you under these Terms is limited to the installation of a single copy of the Game on the platform or platforms on which the Game is made available by us or on our behalf. You are specifically prohibited from making any copies of the Game, except in order to install the Game or as otherwise permitted by law, and you may not make available the Game on a network or otherwise where it could be accessed by one or more other users.
3.5 – You acknowledge and agree that, other than the licence granted to you by these Terms, you shall have no right to use the Services. You shall have no ownership rights over any of our Services, including no ownership of any intellectual property rights in our Games.
4. Our rights and responsibilities
4.1 – We will provide the Services using reasonable skill and care.
4.2 – We will use reasonable endeavours to make the Services available to you, but we cannot guarantee that the Services will be available on an uninterrupted basis. Your access to the Services may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality. At times, unscheduled downtime may be necessary, including for security purposes. Further, owing to the inherent nature of the internet and related technologies, errors, interruptions and delays may occur in the Services from time to time. We will use reasonable endeavours to try to limit the frequency and duration of downtime, to the extent within our reasonable control.
4.3 – We cannot guarantee that the Services will be free from errors, bugs or viruses. We also cannot guarantee that the content or information provided in the Services is accurate or complete. As with all software and services accessed through an electronic device, we recommend that you use anti‑virus software while using the Services. We also recommend that you have an up-to-date back‑up of your device before using the Services.
4.4 – We may modify, cease to offer or cease to support the Services from time to time. We will use reasonable endeavours to inform you of significant changes to features of the Services by using in-Game notifications or through other appropriate means.
4.5 – From time to time, we may make it a requirement for you to install patches, updates or additional content to the Services in order for you to continue accessing the Services, for example, in order to enhance gameplay, to add new features or to resolve bugs. We may also perform these updates remotely, including by modifying TIC software installed on your device, and you acknowledge that we are not required to notify you before doing so.
5. Your rights and responsibilities
5.1 – You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if necessary, stop using our Services.
5.2 – You must not:
- use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Games;
- use the Services in any manner that would be antisocial, offensive or disruptive to other players and users of the Services, such as:
- bullying, stalking or other harassing;
- using vulgar, obscene, discriminatory or sexually explicit communications;
- taking unfair advantage of obvious exploits or bugs in a Game; and/or
- “flaming,” “spamming,” “flooding,” “trolling,” or “griefing”;
- infringe our intellectual property rights or those of any third party in relation to your use of the Games and other Services;
- use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- copy the Games, any Website content or other works made available to you as part of the Services, except as part of the normal use of the Services or where it is necessary for the purpose of making a back-up or for operational security;
- decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part of them (except as and only to the extent allowed by applicable law);
- collect, ‘scrape’, ‘mine’ or ‘harvest’ any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
- perform services for someone in-Game or otherwise within the Services in exchange for payment outside of the Game or other Services;
- create more than one account per platform to access the Services;
- make available the Services to any person in any form, whether in whole or in part, except to a Child for whom you are the parent or legal guardian in accordance with these Terms; or
- use, develop, host or distribute cheats, automation software (‘bots’), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Services, or engage in any form of cheating, botting, boosting, or booting, or otherwise attempt to circumvent technological measures designed to control access to, or elements of, our Games or other Services;
5.3 – The Services may include multiplayer gameplay such as player-versus-player competitive or player-versus-environment cooperative interactions. We may monitor your and other players’ communications and interactions from time to time, but we are limited in our ability to do this by limitations of technology and applicable law. Accordingly, you are solely responsible for your communications and interactions with other users of our Services.
5.4 – In order to play a Game or access our other Services, the device that you use may need to meet certain minimum hardware and software requirements. Some Games and other Services can only be accessed on certain hardware and software platforms, such as Sony PlayStation® 4, Microsoft Xbox® One, or a PC running Microsoft Windows® You may also require an internet connection with minimum upload and download speeds to access the Services. We will use reasonable endeavours to notify you of the relevant minimum requirements before you access our Services, but these are subject to change from time to time. If the device you are using does not meet the minimum requirements to access Games or other Services, we cannot accept any responsibility if they do not operate properly or if they cause any damage to your device.
6. User-generated content
6.1 – In the course of playing the Games or accessing other Services, you may upload, transmit, create, or generate data within a Game or other Services, which may include (without limitation) content like your profile picture, your in-Game text or video chat, in-Game artwork or other content authored or designed by you (whether or not using a Game’s tools) and other software, graphics, audio, video and other materials (collectively, UGC).
6.2 – You shall retain all of your rights of ownership that may exist in your UGC under the laws of any relevant country or state, including any intellectual property rights. Nevertheless, you acknowledge that this UGC shall not be confidential information. You also waive any moral rights that may arise in your UGC throughout the world, to the maximum extent permissible by applicable law. Moral rights include certain author’s rights, including the right to be identified as the author of the UGC or the right to object to a derogatory treatment of that UGC.
6.3 – You grant us the personal right (known as a ‘licence’) to use your UGC however we wish (including in respect of uses not yet known or contemplated), whether or not in connection with the Services, including (without limitation) the right to reproduce or adapt your UGC and to communicate to the public, lend, distribute or otherwise commercially exploit your UGC. This licence shall further be:
- worldwide, meaning that we can use the UGC anywhere in the world;
- perpetual, meaning that it lasts forever, even after these Terms cease to apply;
- irrevocable, meaning that you cannot revoke this licence to us;
- transferable and sub-licensable, meaning that we can freely assign and sub‑license this licence from to others without asking you for permission; and
- royalty-free, meaning that you cannot charge us to use the UGC.
6.4 – You must not use the Services to create or transmit any UGC that:
- is defamatory, offensive, abusive, fraudulent or otherwise objectionable;
- is pornographic, profane, sexually explicit or indecent;
- incites violence or racial hatred or discrimination;
- amounts to a criminal offence or encourages one, gives rise to civil liability or otherwise breaks any local, state, national or international law;
- contains advertising, promotions or commercial solicitations of any kind, including (without limitation) spam, junk mail, chain letters, pyramids schemes or similar;
- constitutes or contains false or misleading indications of origin or statements of fact, including (without limitation) anything that is used to misrepresent your identity or affiliation with any person (including by concealing you IP address);
- infringes the rights of third parties including (without limitation), copyrights, trade marks, patents, design rights, moral rights, rights of privacy, rights of publicity or another proprietary right; or
- is reasonably likely to harass, upset, embarrass, alarm or annoy any other person.
6.5 – We have the right, but not the obligation, to monitor, approve, verify, modify and remove uploaded UGC from our Services at any time in our absolute discretion. This may be because it infringes the rights of someone else, it breaches these Terms, we consider that it may bring us or our Services into disrepute or for any other reason at our sole discretion. Nonetheless, you acknowledge that we cannot actively monitor all UGC and we make no promise to do so. You understand and agree that all UGC that a person may create and distribute when using our Services, whether publicly posted or privately sent to someone else, is the sole responsibility of that person. This means that you, not us, are entirely responsible for all UGC that you may upload, communicate, transmit or otherwise make available on our Services.
7. Educational Institutional Purchases of PC Building Simulator: Education Edition
7.1 – If you wish to purchase a Steam activation key for PC Building Simulator: Education Edition (the Site Sold Software), you must (a) be an educational institution approved and verified by us; and (b) agree and accept these Terms and in particular, the terms and conditions set out in this Paragraph 7.
7.2 – The Site Sold Software is licensed and not acquired by you. We grant you a number of licences to use the Site Sold Software for your educational institution on the terms set out in Paragraph 3.
7.3 – We reserve the right to change prices and availability of the Site Sold Software at any time.
7.4 – Any account that you create as an educational institution for the purpose of purchasing the Site Sold Software and reviewing your order is subject to these Terms. We reserve the right to change, suspend, remove or disable access to such account at any time without notice.
7.5 – As part of the purchase process, you, the educational institution, may be asked to supply to our payment processing partner(s) certain information of your educational institution relevant to your purchase such as credit card details and the billing address. You represent and warrant that:
(a) the representative of the educational institution has the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that
(b) the information you supply to us is true, correct and complete.
7.6 – No card details are stored or visible to us. By submitting your information, you acknowledge and agree to provide the information to our payment processing partner(s) for the purpose of processing your order of the Site Sold Software.
7.7 – We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
7.8 – We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
7.9 – To the extent permitted by applicable law, all charges incurred, and all purchases are payable in advance and are not refundable in whole or in part, regardless of the payment method,
8. Our right to suspend your access to the Services
8.1 – We may suspend your access to all or part of the Services if we reasonably believe that you have breached any of these Terms.
8.2 -If we suspend your access to the Services:
- we will use reasonable endeavours to notify you;
- you will not be able to access the Services during the period of suspension, while we investigate the relevant circumstances; and
- depending on the outcome of our investigation, you may be permanently excluded from the Services.
8.3 – If you are in breach of these Terms, we can terminate this Agreement immediately at any time and without refunding any payments made by you. If we do this, we will give you notice that we are terminating this Agreement with immediate effect.
8.4 – We can also terminate this Agreement immediately at any time for technical or operational reasons beyond our reasonable control. If we do this, we will give you as much notice as reasonably possible.
8.5 – If we terminate this Agreement, you must immediately stop all activities authorised by these Terms, including your access to the Services.
9.1 – Most of our Services may only be accessed through a third-party platform, including (without limitation) Microsoft Xbox®, Sony PlayStation®, Nintendo Switch™ and Valve Steam®. These third parties will impose additional terms and conditions governing the use of their services and our Services. Those terms and conditions will form a separate agreement between you and the relevant third party and are in addition to this Agreement. Even if you have purchased Services separately from a third party, you must accept these Terms and enter into this Agreement before you may use the Services. We encourage you to read the terms and conditions of third parties carefully before you agree to them.
9.2 – You must also accept and comply with all terms and rules of third-party platforms who make the Games available to you. Any breach of the terms or rules of any such third-party platforms shall also be deemed to be a repudiatory breach of this Agreement by you.
9.3 – Where the Services contain links to, and connect with, other services and resources provided by third parties, we have no control over the content of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third-party services or resources. Any external site that you visit by clicking through a link on the Services is entirely at your own risk. We accept no responsibility for their content, behaviour, safety or treatment of your personal data.
10. Our liability to you
10.1 – Subject to Paragraph 10.2 below, if we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our unremedied breach of this Agreement. Loss or damage is reasonably foreseeable only where it could be reasonably contemplated by you and us at the time and date you agreed to these Terms.
10.2 – We are not liable to you for the following types of loss or damage that may arise from your use of the Services:
- loss or damage not caused by our breach of these Terms or our negligence;
- any increase in loss or damage resulting from breach by you of any of these Terms;
- loss or damage not reasonably foreseeable by you and us when you agreed to these Terms, including loss or damage that occurs in consequence of such loss or damage, for example, loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
- loss or damage to any device on which you access or use any of our Games or other Services or to any data on that device, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services;
- loss or damage that you suffer as a consequence of the actions or omissions of third parties, including platforms, developers or other users of the Services;
- any indirect, consequential, punitive or special loss or damage; or
- any loss or damage if the Services are not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our reasonable control, including (without limitation), an act of God, storm, fire, flood, internet outage, epidemic or pandemic, strikes, or riots.
10.3 – The Services may only be accessed by you for private non-commercial use under these Terms. Nevertheless, if you use the Services for commercial purposes in breach of these Terms, we will not be liable to you for any loss of profit, loss of business, loss of anticipated savings, loss of reputation and/or depletion of goodwill.
10.4 – If the consumer law of the country or state in which you are resident does not permit any of the limitations of liability set out in Paragraphs 9.1, 9.2 or 9.3, then those limitations of liability shall apply only to the maximum extent permitted by the laws of such jurisdictions. Nothing in these Terms shall affect any statutory rights that you may have as a consumer of the Services.
10.5 – We do not limit our liability to you for death or personal injury caused by our negligence or the fraud of our employees or other representatives or for anything else where it would be unlawful to do so under applicable law.
11. Your personal data and privacy
12. Changes to these Terms
- You can find a copy of these Terms by visiting the following URL: https://theirregularcorporation.com/terms-conditions. If we make any changes to these Terms, we will upload an amended version of the Terms to this URL. We may also make available the amended version of these Terms within the Games and on any third-party platforms where the Services are made available. Where any changes are not minor, we will endeavour to give you notice of these changes with an in-Game notification or through other appropriate means.
- Your continued use of the Services after any changes to the Terms have been made by us will mean that you accept those changes to the Agreement. If you do not agree to any changes to the Terms, you may not continue to use the Services.
- Any changes to these Terms will not affect your accrued rights and will not have any retrospective effect.
- We will provide 30 days’ notice of any changes to Paragraph 14. Changes will become effective on the 30th day and will apply only to any Disputes (as defined below) arising after the 30th day.
13. Law and jurisdiction
13.1 – If you have a complaint, please let us try to resolve it first. You can send us details of your complaint by email to [email protected]. If you have entered into a financial transaction relating to one of the Services, for example, by purchasing a licence to a Game, then you should contact the third party from whom you made the purchase in the first instance.
13.3 – This Agreement, and any Dispute, shall be governed by and interpreted in accordance with English law, except for certain claims and disputes, for example, relating to consumer protection, unfair competition and tort, which may subject to the laws of the country or state in which you are resident.
13.4 – The jurisdiction for any Dispute shall depend on the country or state in which you are resident. You may only bring legal proceedings in respect of a Dispute against us as follows:
- if your country or state of residence is England or Wales: only in the courts of England and Wales;
- if your country or state of residence is the United States of America: arbitration proceedings in the United States of America strictly in accordance with Paragraph 14 below, which is entitled “Binding arbitration for residents of the United States of America”; or
- if your country or state of residence is neither England and Wales nor the United States of America: in the courts of England and Wales or, alternatively, the courts of the country or state in which you are resident, if you are allowed to do so by the laws of the country or state in which you are resident.
14. Other important terms
14.1 – Subject to Paragraph 4, these Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us in respect of the Services.
14.2 – You may not assign or otherwise transfer your rights under this Agreement to someone else for any reason (or attempt or purport to do so), unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.
14.3 – Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
14.4 – Nothing in these Terms will create any relationship of partnership, agency or employment between us.
14.5 – If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under this Agreement. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
15. For residents of the United States of America only: binding arbitration and class action waiver
15.1 – If your country or state of residence is not the United States of America, then the provisions of this Paragraph 15 do not apply to you.
15.2 – PLEASE READ THIS PARAGRAPH 14 CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR DISPUTE TRIED BEFORE A JURY.
15.3 – If your country or state of residence is the United States of America, the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this Paragraph 15 apply to any Dispute between you and TIC. You further agree that the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Paragraph 15 and this Agreement constitutes a transaction in interstate commerce. The provisions of this Paragraph 15 shall survive any termination of the Agreement.
15.4 – As set out in Paragraph 13.2 above, please contact us first if you have a complaint. If you and TIC have not agreed a resolution within a period of 30 days from the day when you first contacted us to try to resolve matters through informal dispute resolution. If you and TIC do not reach an agreed-upon solution within the informal Dispute resolution period, then, subject to the terms below, the Dispute will be finally and exclusively resolved by binding arbitration. Among other things, ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO COURT PROCEEDINGS (INCLUDING A JUDGE OR JURY) IN A STATE OR FEDERAL COURT AND THE GROUNDS FOR APPEAL BY YOU OR US ARE MORE LIMITED. Either you or TIC may elect to initiate binding arbitration, and the election to arbitrate a Dispute by one party shall be final and binding on the other.
15.5 – If either we or you commence arbitration proceedings, all claims arising out of or relating to this Agreement (including its formation, performance and breach), the relationship between you and us and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, a national arbitration body based in the United States of America, and governed in accordance with the provisions of these Terms and the procedural rules of JAMS that are in effect when the arbitration commences, excluding any rules that permit arbitration on a class or representative basis (the JAMS Rules). For a copy of the JAMS Rules or more information about JAMS and commencing arbitration proceedings, please visit jamsadr.com.
15.6 – There shall be a single neutral arbitrator appointed by agreement between us in accordance with the Jams Rules. The place (or ‘seat’) of the arbitration shall be New York City, New York. To the extent permitted by the JAMS Rules, you may choose to participate in arbitration remotely by videoconference or teleconference. The arbitrator and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. Additionally, the arbitrator shall apply the law of the United States and the arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement. The arbitrator’s award shall be written and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may grant whatever relief would be available to a court under law or in equity. Nothing in this Paragraph 15 shall in any way limit either party’s rights to bring a limited proceeding in a court of competent jurisdiction to compel arbitration pursuant to these Terms, to stay a pending proceeding in favour of arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
15.7 – YOU UNDERSTAND AND HEREBY AGREE THAT, BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE YOUR CLAIMS HEARD BY A JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL; AND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
15.8 – You and TIC further agree that ANY ARBITRATION OR OTHER PERMITTED ACTION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US, AND SHALL BE CONDUCTED IN YOUR AND OUR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THAT YOU AND TIC EXPRESSLY WAIVE OUR RIGHTS TO FILE A CLASS-ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
15.9 – As an exception to the agreement on a binding arbitration under this Paragraph 15 either party may bring legal proceedings in respect of a Dispute before a state or federal court in the United States of America or elsewhere where the legal proceedings only assert claims relating to intellectual property infringement (including claims relating to patents, copyright, moral rights, trade marks and designs, but not claims relating to any licence granted by these Terms).
15.10 – You have a limited right to opt out and not be bound by the arbitration and class action waiver provisions in this Paragraph 14 by sending a written notice of your decision to opt-out marked for the attention of TIC’s legal team to the following address: The Irregular Corporation, 111 Buckingham Palace Road, 4th Floor, London, England, SW1W 0SR. To be effective, your written notice must be received by TIC within 30 days of your first use of our Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Paragraph 15. If you choose to opt out of these arbitration provisions, we also will not be bound by them.