Terms & conditions

These terms & conditions (“hereinafter the “Terms”) govern the access and use of information about Yggdrasil Games (herein “Yggdrasil Game Information”) by the User (as defined below). These Terms are on this date read, understood and accepted by the User as set out herein:

WHEREAS:

Yggdrasil is operative within the online gaming industry offering bespoke online wagering games to customers;
The User has a need to access Yggdrasil Game Information (herein the “Services”) in order for the User to be able to for example curate and publish information about Yggdrasil games on User websites or in social media and other channels;
In order to facilitate sharing of Yggdrasil Game Information, Yggdrasil is granting the User access to its Yggdrasil Source platform (as defined below) on the Terms as set out herein.

Definitions
1. “Confidential Information” means all information of whatever nature designated and/or intended by the disclosing party as being confidential, and shall always include, but not limited to, information about the Yggdrasil Source platform such as log-in credentials, user profile data etc. and information accessed through the Yggdrasil Source platform and not expressly intended for publishing;
2. “Services” means the right to access and use the Yggdrasil Source platform and the right to use, adapt, modify and publish the Yggdrasil Game Information;
3. “Yggdrasil Intellectual Property and Yggdrasil Intellectual Property Rights” means in relation to Yggdrasil, the Yggdrasil Games and the Yggdrasil Game Information, all intellectual property rights including, but not limited to, designs, trademarks, service marks, certification marks, trade names, copyrights, design rights related and/ or neighboring rights, rights in get up or trade dress, rights to goodwill or to sue for passing off or unfair competition, trade secrets, software, text, data, logos, creative, copy, artwork, likeness, images, sounds, documents, information, knowledge and materials (including ay updates, modifications enhancements, translations or other changes), rights to use and protect confidential information, domain names, URLs, whether or not registered or capable of registration, unregistered or pending, and whether subsisting in any specific country or countries or any other part of the world and together with any renewals, continuations or extensions thereof;
4. “Yggdrasil Source” the Yggdrasil platform for sharing information about Yggdrasil Games including but not limited to, information about upcoming game releases, game promotional material including demos and general game information;
5. “Yggdrasil Games” means all such online, free-play or real-play, games developed and owned by Yggdrasil;
6. “Yggdrasil Game Information” means all information related to Yggdrasil Games made available to the User on the Yggdrasil Source platform including, but not limited to, information about upcoming game releases, game promotional material including demos and general game information;
Terms & Conditions
1. For the purpose of publishing the Yggdrasil Game Information, or versions thereof, the User shall be provided limited and personal access to the Services on the Terms as set out herein.
2. The User’s access to the Services is at all times conditional upon the following and the User hereby expressly agree to:
  1. display a “responsible gambling” and “18+ requirement” notification at all times on all such websites where Yggdrasil Gaming Information is published;
  2. to be in compliance at all times with all such local gambling regulations and legislation applicable to the User. It is the sole responsibility of the User to keep up to date on all such local gambling legislation requirements applicable to the various jurisdiction where the User is active;
  3. not to share the access to Yggdrasil Source platform with any other party within the User’s organization, or any and all such 3rd parties outside the User’s organization;
  4. to provide Yggdrasil with the following, up to date, information:
    1. Company Name (Registered LTD)
    2. Company Address
    3. Company Registration number
    4. Name/Surname (Contact Person)
    5. Email (company only)
    6. Skype/Phone number
    7. Domain/s (list of all domains the User will be publishing Yggdrasil Game Information on) (where applicable)
    8. Localisations on the User site(s) (where applicable)
3. Yggdrasil reserves the right to terminate the User’s access to the Services at its absolute discretion and at any time.
4. The User hereby expressly undertakes the following in relation to the use of any and all Yggdrasil Game Information and Yggdrasil Games accessed through the Yggdrasil Source platform:
  1. not to edit or curate images, text or other media in such way that it misrepresents or risk damaging the reputation of Yggdrasil, Yggdrasil Games, products or services, or any of its affiliates;
  2. to only publish reviews that is produced while adhering to the standards, practices, methods and procedures conforming to the degree of skill and care, diligence, honesty, integrity, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances;
  3. not to publicly slander the Yggdrasil brand(s) or that of any of its affiliates.
5. Yggdrasil expressly reserves all title and ownership to any and all Yggdrasil Intellectual Property Rights, and the User hereby expressly warrants:
  1. not to in any manner represent that it has any ownership in the Yggdrasil Intellectual Property Rights or not to challenge the same, including, but not limited to, applying for patent or trademark protection, copyright or any other intellectual property right protection;
  2. to utilize or otherwise exploit the Yggdrasil Intellectual Property Rights only in an ethical manner and in accordance with all applicable laws and these Terms;
  3. not to bid on any Yggdrasil Game names or branded keywords (PPC); and
  4. not to purchase any domains including Yggdrasil Intellectual Property Rights. The foregoing shall not apply to sub-domains.
6. The User undertakes to handle all such information related to the Yggdrasil Games, the Yggdrasil Game Information and these Terms, not expressly intended for publication, as Confidential Information.
7. Should Yggdrasil become aware that the User has intentionally breached its obligation under this Clause 2, Yggdrasil shall have the following cumulative rights:
  1. to receive from the User a penalty amounting to the higher of (a) fifty thousand Euro (€50,000) or (b) the actual damages, costs and expenses incurred by Yggdrasil for full and final settlement of all claims arising from that breach. Such penalty shall become due immediately upon Yggdrasil’s request unless the User can provide evidence that such breach was not a result of the User’s negligence; and
  2. to, at its sole discretion, decide to terminate access to the Services and to demand that all Yggdrasil Game Information or versions thereof as amended and curated by the User, is immediately removed from any and all User Website(s).
  For the avoidance of doubt, the rights granted Yggdrasil under this Clause 2.7 are cumulative to any other rights granted Yggdrasil under applicable law.
Miscellaneous
1. Yggdrasil reserves the right to modify these Terms by notifying the User of material changes to the Terms, generally via email where practicable, and Yggdrasil may sometimes ask the User to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of the User’s agreement to the modified version of the Terms.If the User does not agree to the modifications, the User is not permitted to continued use of the Services.
2. EXCEPT WHERE PROHIBITED BY LAW, YGGDRASIL EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS.Without limiting the foregoing, the User understands and accepts that, to the maximum extent permitted by applicable law, Yggdrasil make no warranty regarding the quality, accuracy, truthfulness, completeness, availability, or reliability of any of the Services or any other information provided the User. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet the User’s requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. To the maximum extent permitted by applicable law, Yggdrasil also make no representations or warranties of any kind with respect to the Yggdrasil Game Information. The User therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort rests upon the User.
3. To the maximum extent permitted by applicable law and under no circumstances (including, without limitation, negligence) shall Yggdrasil or any of its parents, subsidiaries or affiliates be liable to the User or any third party for any claims arising out of (a) the User’s use of the Services (b) damages or claims relating to any content published by the User or by any third party, including without limitation, defamatory, offensive or illegal content, (c) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; and (d) loss of profits, revenue, data, use, goodwill, or other intangible losses; relating to your access to, use of, or inability to access or use the Services.To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Yggdrasil has been informed of the possibility of such damage. To the maximum extent permitted by applicable law, the total liability of Yggdrasil for any claim under these Terms, including for any implied warranties, is limited to five thousand Euro (€5,000).
4. These Terms shall be governed by and construed in all respects in accordance with the Laws of Malta. The User hereby undertake and agree that any dispute, controversy or claim relating to the Services (including, without limitation, any dispute, controversy or claim relating to the existence, validity or termination of these Terms) which shall not be possible to resolve amicably, shall be referred to the Malta Centre for Arbitration for resolution in accordance with the Arbitration Act, Chapter 387 of the Laws of Malta. The arbitration tribunal shall be composed of a single arbitrator to be appointed by the Chairperson of the Malta Arbitration Centre which shall conduct its proceedings in Malta in accordance with the Rules of the Malta Arbitration Centre as may from time to time be in force. The award shall be final and binding upon Yggdrasil and the User. Nothing in this Agreement shall limit the Yggdrasil’s or the User’s right to enforce an arbitration award in any applicable competent court of law.
5. Yggdrasil’s failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such rights or provisions. If any provision of these Terms are found by a court of competent jurisdiction to be invalid, the other provisions of these Terms shall remain in full force and effect.
6. The User hereby accepts notice by email, regular mail, or notices or links displayed in connection with the Services, as constituting acceptable notice under these Terms. Yggdrasil shall not be held responsible for the User’s failure to receive notice if email is quarantined by the User’s email security system (e.g., “junk” or “spam” folder) or if the User fails to update the contact information requested and provided to Yggdrasil. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.