Terms of use

Version: 1.0
Effective Date: 2017-06-08

Welcome to the Underground website. These terms of use are offered to you by Grendel Games, and govern your use as a visitor to www.undergroundthegame.com and/or other websites managed by Grendel Games that reference the terms of use. Please read these terms of use carefully. By using, accessing and/or visiting the Grendel Games websites, you accept and agree to these terms of use. If you do not accept and agree to the terms of use, you should immediately stop using, accessing, and/or visiting the Grendel Games websites.

Ownership & Copyright

All materials on this Site, including but not limited to audio, images, software, text, and video clips (the “Content”), are protected by copyright under Dutch law. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. By making them available on this Site, Grendel Games is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.”TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, GRENDEL GAMES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRENDEL GAMES WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, EVEN IF GRENDEL GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GRENDEL GAMES AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM. IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRENDEL GAMES CREATES A WARRANTY.

Limitation of Liability

Except where prohibited by law, in no event will Grendel Games be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Grendel Games has been advised of the possibility of such damages.

If, not withstanding the other provisions of these Terms of Use, Grendel Games is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Grendel Games’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Grendel Games (but not including the purchase price for any Grendel Games hardware or software products, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

You agree to indemnify, defend and hold Grendel Games, its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the Grendel Games websites and/or any action by you which violates any law, regulation or rights of a third party.

Rules for Kids (Under Age 16)

If you are under 16, you should ask your parents or a guardian before you:

  • E-mail the Site, or ask us to e-mail anything to you
  • send in any information
  • buy anything online

Privacy

Grendel Games’s Privacy Policy applies to use of this site, and its terms are made a part of these Terms of Use by this reference. You can view Grendel Games’s Privacy Policy here. Additionally, by using the site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Changes to these terms

We may change these Terms from time to time. If we do, we’ll provide notice of any changes, such as by posting the most recent version on our website and updating the “Last Updated” date above. You can view the latest Terms any time by clicking the “Terms of Use” link at the bottom of the applicable webpage. We encourage you to check for updates regularly. Your continued use of the Services following any notice we provide will confirm that you have agreed to the amended Terms. If you do not agree to the amended Terms, you must stop using the Services.