Terms and Conditions
1. Important notice
1.1 This site is operated by Subterranean Games Limited, a limited liability company registered in England and Wales with registration number 08236967 (“Subterranean”).
1.4 If you do not agree with any of these terms, you are prohibited from using or accessing the Websites.
1.5 The materials contained in the Websites are protected by applicable copyright and trade mark law.
2. Use of the Websites
2.1 The Websites, including the files, images, media, sounds, scripts, plug-ins, applets and other components, contains proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. We own or license all of this proprietary information and material and you may not use or exploit this proprietary information or material or provide this proprietary information or material to any person except as expressly permitted to do so by these Terms and Conditions.
2.2 From time to time we may make content from our games available for download (including but not limited to content such as screensavers, videos, desktop wallpapers and audio clips). The Website will expressly state that these materials are available for download and will include a download link. We’ll refer to this type of content in these Terms and Conditions as “Downloadable Content”). Subject to a few exceptions, we allow you to use Downloadable Content for your own personal enjoyment and to download, distribute and share it as you wish. The exceptions are:
2.2.1 You must not use Downloadable Content for commercial gain.
2.2.2 Except as authorised by us in these Terms and Conditions (or as permitted by law) you must not rent, sub-license, loan, modify, adapt, or create adaptations of Downloadable Content or derivative works based on Downloadable Content.
2.2.3 You must not remove any copyright or other proprietary markings or notes from Downloadable Content; and
2.2.4 You must not use Downloadable Content in a context or in association with anything which is or may be considered racist, sexist, defamatory or otherwise offensive or illegal.
2.3 We will refer to any part of the Websites (including but not limited to files, images, media, sounds, scripts, plug-ins, applets and other components) which is not clearly indicated to be Downloadable Content as the “Materials”. We allow you to download one copy of the Materials for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:
2.3.1 modify or copy the Materials;
2.3.2 use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
2.3. 3 attempt to decompile or reverse engineer any of the Materials contained on the Websites;
2.3.4 remove any copyright or other proprietary notations from the Materials; or
2.3.5 transfer the Materials to another person or “mirror” the Materials on any other server.
2.4 This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Subterranean at any time. Upon terminating your viewing of the Materials or upon the termination of this licence, you must destroy any downloaded Materials in your possession whether in electronic or printed format.
3. Forum posts
3.1 When using our Websites you may have the opportunity to post messages in an online forum (“Forum Posts”). You own the copyright in any Forum Posts you create.
3.2 You grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide right and licence to make unrestricted use of your Forum Posts (including but not limited to broadcasting, displaying, modifying, adapting, publicising, distributing or selling them) and agree that we have no obligation to notify you, pay you or ask permission to do so. You waive all moral rights over any Forum Posts that we use under this paragraph 3.2, which means that we do not have to credit you as the author of the Forum Post.
3.4 There are certain types of Forum Posts, described in this paragraph 3.3, which you must not create on our Websites (“Prohibited Posts”). To do so is a breach of these Terms and Conditions. Content will be Prohibited Posts if they:
3.4.1 contain material which is owned wholly or partly by anyone else unless you hold a valid written licence from the owner to post such material;
3.4.2 are offensive, illegal, racist, sexist or homophobic;
3.4.3 involve a breach of privacy; or
3.4.4 contain defamatory statements.
3.5 Please note that we do not moderate and are unable to directly monitor Forum Posts so if you become aware of Prohibited Posts, please notify us at [email protected].
3.6 While liability for Prohibited Posts remains with the individual or group who has created it, we reserve the right to take steps against any individual or group who creates or distributes Prohibited Posts with the aim of preventing them from continuing to do so, and removing the Prohibited Posts. These may include issuing warnings and, in extreme circumstances, taking steps to prevent an individual or group from using the forum.
4.1 The Materials on the Websites are provided “as is”. Subterranean makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights to the greatest extent possible under the laws of your jurisdiction. Further, Subterranean does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on the Websites or otherwise relating to such Materials or on any sites linked to the Websites.
5.1 Apart from as detailed in 5.2 below, to the greatest extent possible at law in no event shall Subterranean or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Materials on the Websites, even if Subterranean or a Subterranean authorised representative has been notified orally or in writing of the possibility of such damage.
5.2 Nothing in these Terms and Conditions shall limit Subterranean’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation.
6. Revisions and Errata
6.1 The Materials appearing on the Websites could include technical, typographical, or photographic errors. Subterranean does not warrant that any of the Materials on the Websites are accurate, complete, or current. Subterranean may make changes to the Materials contained on the Websites at any time without notice. Subterranean does not, however, make any commitment to update the Materials.
7.1 Subterranean has not reviewed all of the sites linked to the Websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Subterranean of the site. Use of any such linked web site is at the user’s own risk.
8. Terms and Conditions Modifications
8.1 Subterranean may revise these Terms and Conditions for the Websites at any time without notice. By using the Websites you are agreeing to be bound by the then-current version of these Terms and Conditions.
9. Governing Law