TERMS AND CONDITIONS

By accessing, viewing, and using this Website, owned and operated by “TRYHARDGG LTD” with registered address 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM, company number 15814255 (hereinafter referred to as “Tryhard,” “We”) via address https://Tryhard.gg/ (hereinafter referred to as “Website”) and by using or clicking “Buy,” “Purchase,” “Order” (or any similar item) in regard of the services (hereinafter referred to as “Services”) provided by Tryhard through the Website, or by using of any other related services you acknowledge that you have read, understand, and unconditionally agree to be bound by these Terms of Use (hereinafter referred to as “Terms”). Tryhard may, at any time, without notice, amend these Terms. You agree to continue to be bound by any amended terms and conditions and that Tryhard may at any time, without notice, amend the Terms having no obligation to notify you of such amendments. You acknowledge that it is your responsibility to check these Terms for changes periodically and that continued use of the Website and Services offered by Tryhard after posting any changes to the Terms indicates your acceptance of any such changes. If you do not accept the Terms, do not access this Website and do not use the Services. These Terms, together with any other policies or guidelines posted on the Website and incorporated herein by a reference or a link, constitute a legal and binding agreement between you (hereinafter referred to as “Customer,” “You”) and Tryhard. Subject to the terms and conditions of these Terms, Tryhard will provide via the Website such Services as Tryhard may, in its sole discretion, determine from time to time. Unless expressly stated otherwise in writing, all agreements and other transactions between Tryhard and Customer shall be governed by these Terms, as amended occasionally.

1. CUSTOMERS WEBSITE REGISTRATION AND ACCOUNT

For proper use of the Website, You should register on the Website and create an account with Your personal login and password (hereinafter referred to as “Account”). You are given access to an Account following Your provision of all information required by Tryhard and upon Your successful creation of an Account. You warrant that any and all information provided for the purpose of Your Account creation and/or any other Website use is valid, current, complete, and accurate. Registration data and other information about You are subject to the Privacy Policy on the Website.

You hereby expressly consent that You are solely responsible for using Your login and password for the Account, for any registration data provided for Account creation, and for any actions done during any use of Your Account. You agree to keep Your login information and password private and to notify Tryhard of any unauthorized Account activity immediately. You are solely responsible for any loss or damage You or Tryhard may suffer due to Your failure to do so. You may not transfer or sell your Account to any third party.

You may close Your Account with the Website anytime by sending respective requests to Tryhard.

By creating an Account, You also consent to receive electronic communications from Tryhard (e.g., via email). These communications may include notices about Your Account (e.g., password changes and other transactional information and are part of Your relationship with Tryhard. You agree that any notices, agreements, disclosures, or other communication Tryhard sends to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications shall be deemed in writing. Tryhard may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information Tryhard thinks will be of interest to You. You may opt out of receiving such promotional emails at any time by following the respective unsubscribe instructions.

2. ELIGIBLE CUSTOMERS

By registering as a Customer, You covenant, represent, and warrant that:

You have accepted and agree to abide by these Terms;

You are at least 13 years of age. If, at the same time, You are under 18 years of age, You covenant, represent, and warrant that You have reviewed and discussed these Terms with your parent or legal guardian and have obtained the consent of your parent or legal guardian (which consent will be provided to Tryhard immediately upon request) to register as a Customer, to use the Website, and to order (purchase) the Services;

You meet all the eligibility criteria and residency requirements and are fully able and legally competent to use the Website, enter into an agreement with Tryhard, and in doing so, will not violate any other agreement to which You are a party;

You are the legal owner of the funds you pay for Tryhard Services, and the same funds derive from a legitimate and legal source;

Using Services does not constitute a breach of your home jurisdictions’ laws;

You will not be involved in any illegal activities in the course of the purchase of the Services under the threat of blocking your Account in any case of identifying such violations;

You will provide correct, genuine, and up-to-date information or documents, and You will pass any requested verifications if we require any KYC-procedure (in particular to protect your Account) or if it is required for the proper provision of the Services;

Any personal details You provide are correct, genuine, and up-to-date;

You are not located in, or a citizen or resident of any state, country, or other jurisdiction that is under US or EU sanctions; a jurisdiction where it would be illegal according to local law for you (because of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services; a jurisdiction where the publication or availability of the Services is prohibited or contrary to local law or regulation, or could subject Tryhard to any local registration or licensing requirements (together, the “Prohibited Jurisdictions”). In our sole discretion, we may implement controls to restrict access to the Services in any of the Prohibited Jurisdictions. Suppose we determine that you are accessing the Services from any Prohibited Jurisdiction or have given false representations as to your location of citizenship or place of residence. In that case, we reserve the right to close your Account immediately and terminate any outstanding orders.

WHEN ACCESSING AND USING THE WEBSITE, YOU MUST:

Not attempt to undermine the security or integrity of Tryhard computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;

Not use or misuse the Services in any way which may impair or alter the functionality of the Services or Website, or other systems used to deliver the Services or impair or alter the ability of any other user to use the Services or Website;

Not attempt to gain unauthorized access to the computer system and servers on which the Website is hosted or to any materials other than those to which you have been permitted to access;

Not transmit or input into the Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);

Not attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any computer programs used to deliver the Services or operate the Website except as is strictly necessary to use either for operation.

It is your responsibility entirely to provide us with the correct personal details. We accept no liability resulting in You not receiving the Services due to You providing incorrect or out-of-date details. Tryhard, in such a case, excludes all liability for any incorrect transactions or any other such mistakes.

Tryhard reserves the right at any time to verify Your identity for the purposes of complying with any KYC/AML requirements. You agree to cooperate fully with us throughout the verification process and will provide all documentation/information we may require to verify Your identity.

3. SERVICES AND PRICES

Tryhard reserves the right to limit the quantities of any Services offered on the Website.

Tryhard reserves the right but is not obligated to limit the sales of the Services to any Customer or geographical territory or jurisdiction.

Tryhard may exercise this right on a case-by-case basis.

All descriptions of Services are subject to change at any time without notice, at the sole discretion of Tryhard.

Tryhard reserves the right to modify or discontinue any Services at any time.

Prices for the Services are subject to change without notice.

Tryhard shall not be liable to You or any third party for any modification, price change, suspension, or discontinuance of any Services.

Notwithstanding the provisions of sections 1 and 2 above, prices and other material terms of the Services are not subject to change in the process of Services delivery.

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions related to Services descriptions, pricing, promotions, offers, additional charges, and availability. Tryhard reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel Your orders if any information on the Website concerning the Services is inaccurate at any time without prior notice.

4. PAYMENTS AND FEES

The Customer can use various available payment methods for payment for the Services ordered on the Website. The list of available payment methods shall be solely defined by Tryhard and indicated on the Website.

Tryhard is entitled to use third-party payment service processors to sell the Services. The respective third-party payment processors are primarily responsible for facilitating payment of Customer’s transactions. When You use any third-party payment processor (hereinafter referred to as “Payment processor”) to purchase Services on the Website, responsibility over Your transaction will first be transferred to the respective Payment processor before it is delivered to You. The Payment processor assumes primary responsibility for payment and payment-related customer support. The terms between the Payment processor and You utilizing the services offered by the Payment processor are governed by separate agreements and are not subject to these Terms.

For transactions made through a Payment processor, (i) the privacy policy of the respective Payment processor shall apply to all payments and should be reviewed before making any transaction, and (ii) the payment processor refund policy shall apply to all payments unless the relevant Payment processor expressly provides notice to You in advance.

You are responsible for payment of any fees, taxes, or other costs associated with the conduction of transactions with Payment processors or the duties and taxes imposed by Your local authorities. You are solely responsible for any additional costs you incur when making purchases or accessing the Website, including but not limited to messaging, communication, or data usage fees on an Internet provider or mobile network.

Any Customer executing payment through one of the Payment processors agrees that the payment will be made through websites covering the payment systems and states that they have read and accepted the terms and conditions available on such websites. To the extent permitted by law, Tryhard shall not be liable against the Customer for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case, the Customer shall contact the applicable Payment processor’s site under that Website’s terms and conditions.

For duly transactions performance on the Website, the Customer may be required to provide their personal and payment processing data (such as name, surname, address, copies of ID cards or other identifying documents, residence place confirmation documents, credit card identification data) to the Payment processors, including the consent for processing these data by the payment services to carry out the requested transactions.

Tryhard reserves its right to verify and approve any and all transactions made by You when ordering the Services to ensure that they comply with these Terms and the terms imposed on Tryhard by third-party service providers.

You expressly acknowledge and agree that such verifications may require You to provide Tryhard with additional personal information to verify and confirm Your identity and to perform verifications to deter fraud and misuse of the Website.

Tryhard accepts no liability and expressly disclaims any implied warranty to complete any transaction that its Payment processors cannot clear, whether because there are insufficient funds available on Your credit card, issues related to identity or localization, or otherwise.

The payment transactions may be delayed while the Payment processor validates Your compliance with these Terms and other applicable policies. You agree not to initiate any claim and dispute procedure regarding payment while such validation is ongoing.

You expressly agree that Tryhard or respective Payment processors are entitled to set forth the maximum daily transaction limitations on the Website due to regulatory issues.

5. REFUND POLICY AND CANCELLATIONS

If Tryhard does not complete your order within the specified time terms, you can request a refund subject to provisions of section 3 below.

You have the right to cancel your order and ask for a full refund at any time before the provision of the Services begins.

If your ordered rank increase by 10 levels and you decide to cancel the Service after 7 levels are fully gained, you will receive a partial refund for 3 levels left. Thus, the amount of the refund will be 30% of the initial payment).

6. INTELLECTUAL PROPERTY

The Website, the copyright in all software on the Website, all trademarks on the Website, and all text, graphics, images, and any other materials on the Website are entirely owned by Tryhard or their respective owners. Materials on this Website may only be used for personal use and non-commercial purposes.

You may digitally display or print extracts from the Website for the above-stated purpose only under the condition that You retain any copyright and other proprietary notices or any trademarks or logos, as shown on the initial printout or download without digital or physical alteration, addition, or deletion. Except as expressly stated herein, You may not, without Tryhard’s prior written permission, alter, modify, reproduce, distribute, or use any materials from the Website in any commercial context.

You acknowledge that Tryhard’s logos are trademarks. You may only use or reproduce such trademarks without physical or digital alteration on material downloaded from this Website to the extent authorized above, but You may not otherwise use, copy, adapt, change, or erase them.

You shall not under any circumstances obtain any rights over or in respect of the Website (other than rights to use the Website under these Terms and any other terms and conditions governing a particular Service or section of the Website) or hold yourself out as having any such rights over or in respect to the Website.

By submitting any content to the Website (including both private and public sections, blogs, message boards, and forums), you grant Tryhard (including, without limitation, its licensees, affiliates, successors, and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sub-license, communicate to the public, perform and display the content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the entire term of any rights that may exist in such content. You agree that you will not claim or receive any compensation for your content or its use thereof. You also permit any third party to access, display, view, store, and reproduce such content as indicated above. Tryhard may, but has no obligation to, monitor, edit or remove content determined in Tryhard’s sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any third party’s intellectual property or these Terms.

By submitting any content to the Website, You warrant that You are entitled to and have all necessary intellectual property rights over that content. Furthermore, You acknowledge that your content will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further acknowledge that your content will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content. You are solely responsible for any content you submit and its accuracy. Tryhard takes no responsibility and assumes no liability for any content submitted by you or any third party.

7. THIRD PARTY WEBSITES

The Website may contain links to third-party websites not affiliated or associated with Tryhard (although Tryhards’s branding, advertisements, or links may appear on such websites), and Tryhard may send email messages to You containing advertisements or promotions, including links to third-parties websites. Such links are only provided for your interest and convenience. Tryhard does not represent the quality, suitability, functionality, or legality of the material on such third-party websites or any goods and services available from such websites. Tryhard does not monitor or investigate such third party websites and accepts no responsibility or liability for any loss arising from the content or accuracy of such third-party websites. Any opinion expressed in the content of such third-party websites should not be taken as an endorsement, recommendation, or opinion of Tryhard.

Under no circumstances can you create a hyperlink to any of the pages on the Website without obtaining prior consent from Tryhard. If You do create a link to any of the pages on the Website, You acknowledge that You are responsible for all direct or indirect consequences of the link, and you indemnify Tryhard for all loss, liability, costs, damages, or expenses arising from or in connection with the link.

8. WARRANTIES AND REPRESENTATIONS

You acknowledge that:

You are authorized to access and use the Website; In particular, the jurisdiction where you reside, hold citizenship, or are located allows You to utilize Services;

You agree that the access to the Website or the Services is provided on an “as is” and “as available” basis, and Your use of the Website and the Services is at Your own risk. You agree that to the maximum extent permitted by law, Tryhard is not liable for any damages or harms arising out of Your use of the Website and Services;

When you provide payment information to Tryhard or one of its Payment processors, you represent and warrant that you are the authorized user of such information, including, without limitation, the credit card, PIN, key, or associated Account, and you lawfully authorize Tryhard and the payment processors to charge you for your purchases or any other fees incurred by you;

Tryhard does not warrant that the Website will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Website, including public telephone services, computer networks, and the Internet, can be unpredictable and may occasionally interfere with or prevent access to the Website. Tryhard is not in any way responsible for any such interference that prevents Your access or use of the Website and the Services. Tryhard is not responsible for any losses, expenses, costs, or damages resulting from such interruptions, errors, or interferences;

Tryhard gives no warranty about the Website or Services. Without limiting the foregoing, Tryhard does not warrant that the Website or Services will meet Your requirements or that they will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law, including, without limitation, warranties of merchantability, fitness for purpose, title, and non-infringement;

You do not intend to hinder, delay or defraud Tryhard (as well as any other person related to the Website or Services) or engage in any illegal conduct and or unlawful activity concerning money laundering, spending the proceeds of drug trafficking or terrorist activities, spending the proceeds of criminal activities or proceeds originating from such countries as might from time to time be subject to any sanctions imposed by US or EU;

Tryhard denies all liability for the operation and reliability of the Website when used within an Internet environment, where you or a third party are providing the computer equipment or internet services upon which any part of the Website functionality is dependent;

By using the Website, You confirm that You understand that constraints beyond the control of Tryhard govern the timely operation of the Internet and the World Wide Web. You accept that Tryhard is not liable for any perceived slow operation or unavailability of the Website or any damages or losses that could result from a slow operation or unavailability of the Website;

By ordering (purchasing) the Services, You accept that except as indicated in section V, and all transactions are final and irreversible;

By ordering (purchasing) the Services, You accept that Tryhard reserves the right to terminate any order at any time where there is a good cause of technical or legal nature;

You may be asked to share your gaming account credentials, including login and password, if required to provide the Services. When sharing your gaming account credentials, You do so willingly and knowingly, accepting all risks that come with it;

Your gaming account is subject to the corresponding provider’s terms, conditions, and restrictions. You are acknowledged with such terms, conditions, and restrictions, and You understand and unconditionally accept all and any risks of modification/suspension/blocking/closing of your gaming account by the corresponding gaming provider, which risks may arise, directly or indirectly, from Your order of Tryhard’s Services. Furthermore, You understand and agree that Tryhard may not and shall not influence such decisions or actions made by a gaming provider, and in no case shall be held liable for any resulting losses;

It is our responsibility to maintain the Website, and as such, we may, at our own discretion, limit access to the Website due to maintenance operations or any other relevant events. We exclude all liability for any claimed losses or profits due to such actions.

9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

To the fullest extent permitted by law:

In no event will Tryhard, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (, including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the form of action, whether arising out of or relating to these Terms or based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if Tryhard has been advised of the possibility of such damages and regardless of whether such damages were foreseeable);

In no event will aggregate liability of Tryhard or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), or other theory, arising out of or relating to these Terms, exceed the number of payments received from You.

In Case of the Customer’s Violation of These Terms, Tryhard Reserves the Right To:

Demand total compensation from the Customer for losses caused by every violation;

Bring a case before a court if the compensation doesn’t cover Tryhard’s loss;

Release the information relating to the Customer’s identity and location to any authorized officer under applicable law.

To the fullest extent permitted by law, Tryhard’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited, to the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed.

10. TERMINATION AND REMEDIES FOR BREACH OF THESE TERMS BY YOU

Tryhard reserves the right at any time and at its discretion to refuse (cancel) any of your orders for Services, especially those which, in Tryhard’s sole judgment, appear to be placed by dealers, resellers, or distributors;

Tryhard reserves the right to close Your Account with or without prior notice. If there are outstanding orders for Services at the moment of Account closure, they will be terminated, and paid amounts will be refunded subject to the conditions of these Terms. All rights granted to You under these Terms will immediately cease upon Tryhard’s closure of your Account;

Tryhard may block any Account or freeze any order for Services if Tryhard suspects or has evidence that You are engaged in suspicious or illegal activity or have breached any of the above terms or warranties. Tryhard expressly excludes any losses or profits You would have made as a result of us blocking your Account or freezing any order for Services, and You agree to indemnify us completely against any third-party action resulting from Your conduct or us having to block your Account or freeze any order for Services. While Your Account is blocked, Tryhard will investigate and may require You to cooperate with our inquiries. During the investigation stage, You may be unable to order Services. At the end of the investigation, we may, at our discretion, decide to close Your Account, for which we are not required to provide You with any reasons for the same;

You may close your Account for any reason and at any time. You understand that if you close your Account, you may no longer have access to information previously associated with your Account. If you exercise this right, please inform Tryhard that you wish to close your Account by sending the corresponding request.

11. APPLICABLE LAW AND DISPUTE RESOLUTION

All questions concerning the construction, validity, enforcement, and interpretation of these Terms shall be governed by and construed, and enforced under the laws of Great Britain;

In case any issue arises out of or concerning these Terms or the breach thereof, the parties agree first to negotiate such an issue in good faith for a period of not less than thirty (30) days following written notification of such controversy or claim to the other party;

If the negotiations do not resolve the dispute, controversy, or claim to the reasonable satisfaction of all parties during such period, then the parties irrevocably and unconditionally submit to the respective claim to the competent court of Great Britain under the law of Great Britain.

12. MISCELLANEOUS

Absence of Waiver. Any Tryhard failure or delay to enforce any of the terms or to exercise any right under these Terms will not be construed as a waiver to any extent of our rights;

Indemnification. You agree to defend, indemnify, and hold harmless Tryhard, its officers, directors, affiliates, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to the Website or your use of the Services;

Force-Majeure. You shall not have any claim of any nature whatsoever against Tryhard for any of its failure to carry out any of its obligations under these Terms as a result of causes beyond its control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, hacker attacks on the Website or any resources which have any relation to Tryhard, any economic instability, accidents of any kind, any default or delay by any sub-contractor or supplier of Tryhard, riot, any political or civil disturbances, the elements, by an act of state or government including regulatory action imposed, any delay in securing any permit, consent or approval required by Tryhard for the supply of Services under these Terms or any other authority or any other cause whatsoever beyond Tryhard’s absolute and direct control;

Severability. If any term, provision, covenant, or restriction of these Terms is held by a competent court to be invalid, illegal, void, or unenforceable, the remainder of these Terms, provisions, covenants, and restrictions set forth herein shall remain in full force and effect. It shall in no way be affected, impaired, or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant, or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants, and restrictions of these Terms without including any of such that may be hereafter declared invalid, illegal, void, or unenforceable;

Communication. Any communication concerning these terms’ execution or violation should be conducted only via Your email and Tryhard’s contact form on the Website. Your official email for communication shall be deemed the email specified by You during the Account registration process. The only language of communication shall be English. Tryhard may provide any notice to You under these Terms by (i) posting a notice on the Website or (ii) sending an email to the email address associated with Your Account. Notices Tryhard provides by posting on the Website will be effective upon posting, and notices Tryhard provides by email will be effective when such email is sent. It is Your responsibility to keep Your email address current. You will be deemed to have received any email sent to the email address then associated with Your Account when Tryhard sends such email, whether or not You received or read the email;

Assignment. Except as otherwise provided, these Terms and the rights and obligations of the parties hereunder will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators, and legal representatives. Tryhard may assign any of its rights and obligations under these Terms. No other party to these Terms may assign, whether voluntarily or by operation of law, any of its rights and obligations under these Terms, except with the prior written consent of Tryhard.