TERMS & CONDITIONS

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Terms of Use

Last update 7th July 2021

 

These Terms of Use constitute a legal agreement between you (hereinafter sometimes referred to as “you” or “User”) and the Terror Firma team (publ) and its subsidiaries and affiliates (“Terror Firma,” “we” or “us”) regarding your use of the Terror Firma account service (the “Service”) in relation to the Terror Firma, https://abterrorfirma.com, Terror Firma´s community forums, any mod tools provided by Terror Firma or its affiliates, and Terror Firma´s computer and interactive games and other applications.. If you use the Service, you accept and agree to be legally bound by these Terms of Use. Please read them carefully. Please note that use of the Service requires that you have read and understood 1) our Privacy Policy available at https://www.abterrorfirma.com/privacy-policy , and agree to 2) the Code of Conduct available at https://www.abterrorfirma.com/code-of-conduct . Your use of a Terror Firma game or application (a “Game”) is subject to an End User License Agreement (the “EULA”), which you will have to review and accept before playing a Game. Further, any purchase made on the Terror Firma Store is subject to Terror Firma Terms of Sale available below. If there is any inconsistency between provisions in different parts of our policies and terms, those parts shall have precedence as follows (unless expressly agreed otherwise): (a) Terms of Sale, (b) Privacy Policy; (c) EULA; (d) Terms of Use; and (e) Code of Conduct.

 

BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE ABOVE REFERENCED TERMS OF USE, THE CODE OF CONDUCT AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THE CODE OF CONDUCT AND THE PRIVACY POLICY, PLEASE DO NOT USE THE SERVICE.

 

1. Your Account

In order to access the Service you must create a Terror Firma Account (an “Account”). You must be at least 15 years of age to create an Account, and if you are between 15 and 18 years of age, you must get your parents’ or legal guardians’ consent prior to creating such Account. With regard to your registration for an Account, you acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested by the registration form, and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your password and for restricting unauthorized access to your computer, and you hereby accept sole responsibility for all activities that occur under your Account, unless as otherwise specified hereunder. When you choose a forum name or other nickname for our Services, we ask that you do not use your own or another person´s real name, or a name protected by copyright or trademark.

You acknowledge and agree that, to the fullest extent permissible under applicable law, you shall have no ownership or other interest in your Account, and you further acknowledge and agree that all rights in and to the Account are owned by and inure to the benefit of Terror Firma.

 

2. Grant of License and Restrictions

The Service may be used by you only for your personal, non-commercial use in accordance with these Terms of Use. Unless otherwise explicitly stated herein, nothing contained in these Terms of Use shall be construed as conferring by implication or otherwise any license or right to use any trademark, patent, design right, copyright or other intellectual property rights of Terror Firma. You are granted a personal, limited, non-transferable, non-exclusive license to access the Service, provided that you do not and do not facilitate any third party to: A) Modify, copy, reproduce, broadcast, republish, sell, resell, exploit, reverse engineer (except to the extent permitted by law), disassemble, create derivative works or distribute in any way any portion of the Service or any materials provided in the Service, including, but not limited to design and materials including all text, still and motion video, audio and audio visual materials, artwork, graphics, code and / or software (including within any Game) and all other copyrightable elements (the “Content”), other than as permitted under the EULA or these Terms of Use.

 

B) Disrupt or assist in the disruption of any Game and/or Service server or any other user’s Game and/or Service experience;

 

C) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify a Game;

 

D) Exploit the Game, the Services or any of its parts for any commercial purpose, other than as permitted under the EULA, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering Additional Services, including in-game currency, items or resources for sale outside the Game; and/or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;

 

E) Remove, disable or circumvent any security protections such as digital rights management (known as “DRM”), proprietary notices or labels contained on or within the Game;

 

F) Use any obscene, pornographic, provocative or racist language or material in the Game or on the Communications Facilities (as defined below); or

 

G) Use any meta tags or any other “hidden text” utilizing Terror Firma’s name or trademarks.

 

The grant of this limited license is conditional upon your agreement to and compliance with all terms of these Terms of Use. Terror Firma may suspend or deactivate your Account at any time for any or no reason, with or without notice to you. Unauthorized or prohibited use of the Service or the Content may be a violation of criminal or civil law. Terror Firma reserves the right to add, modify, or delete any or all functionalities of the Service at any time. Terror Firma makes no representation or warranty as to the completeness or accuracy of the information provided to you through your use of the Service, nor do we represent or warrant that the Service will be available and error-free at all times.

 

3. Communication Facilities.

Through some of Terror Firma’s Sites, community forums and Games you may communicate with other users of the Service and players of the Games (“Communication Facilities”). You agree only to use the Communication Facilities to post, receive or send messages in connection with the Game. You agree that you will not: A) Transmit messages which are offensive, unlawful, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or otherwise objectionable;

 

B) Post advertisements to sell goods or services;

 

C) Impersonate any real person, including without limitation an agent of Terror Firma, or otherwise communicate in the Communication Services in any way designed to make others believe that your message constitutes a server message or was otherwise posted by a representative of Terror Firma;

 

D) Engage in “trolling”;

 

E) Engage in spamming, double posting, cross-posting, and resurrecting old posts;

 

F) Hack any Communication Facility or exploit any bugs in same; or

 

G) Upload files that contain software or other material protected by intellectual property laws or by rights of privacy and publicity, unless you own or control the rights thereto or have received all necessary consents.

 

Additional rules in connection with the Communication Facilities may be posted within such facilities. Terror Firma reserves the right to review materials posted to the Communication Facilities and to remove any materials at any time, without notice, and for any reason and in its sole discretion. Statements made by users in the Communication Facilities reflect only the view of their authors and Terror Firma specifically disclaims any liability with regard to the Communication Facilities and any actions resulting from your participation in the Communication Facilities. Terror Firma is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.

 

If you encounter content created by another user that you find offensive (as defined in the above §3.A), we encourage you to report this content by filing a ticket using our support portal. You can access the portal using the following URL: https://www.abterrorfirma.com/contact . Please provide as much detailed information in the ticket as possible, including but not limited to: what content you find offensive, the user name of the person exposing you to such content, what type of platform you were using, game version number, save game ID/SGID for the multiplayer session (if applicable) and any other form of relevant information that might help us identify the content and/or user.

 

4. Additional Services

“Additional Services” means services and in-game features acquired or purchased by User that can only be used in the Game and under the conditions specified in these Terms of Use, such as, but not limited to, in-game currency or virtual goods. Additional Services are not a necessary condition for participation in a Game and are provided on your request. For the avoidance of doubt, the Terms of Sale apply to the purchase of all Additional Services. In addition, as a condition to the use of Additional Services, User acknowledges and agrees that:

 

A. Weekly Additional Services Limit. You may only purchase a total maximum amount of ten thousand U.S. dollars (US$10,000.00) of Additional Services per week;

 

B. If Terror Firma has reason to believe or suspects that you are performing illegal or fraudulent activities related to payments for Additional Services in the Game, Terror Firma has the right to provide relevant information to law enforcement bodies to investigate these suspicions;

 

C. If Terror Firma has reason to believe or suspects that you are exploiting any defects in the Game or Services or are using any software to impermissibly increase your amount of Additional Services, including in-game currency, or gain any advantage in the Game, or if Terror Firma has reason to believe or suspects that an increase of in-game currency originates from a flaw in the system(s) relating to the Game, Terror Firma has the right to take any action Terror Firma deems necessary, including immediately terminating your use of the Service and deleting your Account, in which case the entire Account shall be deemed forfeited;

 

D. If you are prohibited from receiving online game services by the legislation of your country or in case of any other legal restrictions, including age restrictions, you shall not be allowed to use the Game or Additional Services in the Game. In any case, you shall be responsible for the use of the Game in your country in accordance with local laws; and

 

E. User agrees, understands and accepts that: (i) this Game is not a gambling, cash, contest or betting game; (ii) the purchase of Additional Services is NOT necessary or mandatory to participate in the Game and the Game process; and (iii) the purchase of any Additional Services is at User’s sole discretion.

 

5. User Generated Content

You may be provided with the opportunity to create and submit content through the Game Service or the Site (“User Generated Content” or “UGC”). User Generated Content must not i) infringe any copyright, trademark, trade secret, patent, or any other proprietary right of any person or entity; ii) contain any viruses, Trojan horses, worms, corrupted files, or any other similar software or program; iii) violate any law or regulation; or iv) violate or be inconsistent with these Terms of Use, the EULA, the Code of Conduct or our Privacy Policy. By uploading or otherwise publishing your UGC, You hereby grant to Terror Firma a non-exclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform, your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game, Site or Service. Terror Firma is under no obligation to use, distribute or continue to distribute User Generated Content. You understand that Terror Firma may restrict, or remove, your UGC for any reason. You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party´s intellectual property rights or any other rights. Terror Firma specifically disclaims any liability with regard to User Generated Content. Anyone who believes that their original work has been reproduced as UGC through one of our Games, Service or Sites in a way that constitutes copyright infringement may notify us by contacting support.

 

6. Mods

We at Terror Firma love user modding and mods to our games and want to encourage you to mod. We see benefits for everyone involved. The EULA and these Terms of Use outlines under which conditions you may create and distribute mods of Terror Firma’s games. Terror Firma is not always the owner of the intellectual property into a game which it publishes, and therefore, Terror Firma cannot unconditionally allow modding to all games published by us. If you are unsure of which games are affected, please contact support. These Terms of Use applies to all mods, including mods distributed through third party platforms such as Steam Workshop, created by you. 1. Terror Firma recognizes that you are the owner of the elements of the mod which are your original creative work. However, any elements of the mod which represent, derive from, or is based upon a Game (for example characters, settings, plot, artwork, sound and locations) shall be owned by Terror Firma, and you agree that all right, title and interest into such shall vest with Terror Firma.

 

To create mods, Terror Firma may make available mod tools to you. Provided that you comply with these Terms of Use and the EULA, and upon your acceptance of the EULA, Terror Firma grants to you a non-exclusive, non-transferable, limited, revocable right and licence to install, access and use in-game modding tools and any other related tools provided by Terror Firma to you to create and distribute mods.

 

Any use of the mod tools, and creation and publication of mods, is for strictly non-commercial purposes only, and you may not require any fees but may receive voluntary donations for your creation, publication and/or use of mods

 

By publishing a mod based on a Terror Firma game, you hereby grant to Terror Firma and its affiliates a non-exclusive, royalty-free, sublicensable and perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your mod. Explicitly, this license shall include the right to make the mod publicly available through other channels of distribution, and the right to adapt a mod to be compatible with other platforms. This license shall survive termination of the EULA.

 

Your mod may not contain any material which (i) infringes any applicable law; (ii) resemblance any recognisable third party brand, character or personality, including but not limited to any trademarks or logos except for those assets provided by Terror Firma; (iii) any third party assets, from other games published by Terror Firma and its affiliates or any other third party; (iv) any viruses, Trojan horses, worms, corrupted files, or any other similar software or program; (v) is obscene, indecent, pornographic, offensive, defamatory, fraudulent, threatening, hate speech, liable to incite racial hatred, acts of terrorism or violence, menacing, blasphemous or contains nudity or gratuitous or graphic violence; (vii) has been posted or published in breach of a third party’s rights (including intellectual property rights); (viii) brings, or is likely to bring, Terror Firma, its affiliates, licensees or licensors into disrepute; or (ix) in relation to mods related for example to the game Cities: Skylines®, make reference to any organisation whose principal business includes the sale of tobacco or tobacco related products, or firearms.

 

You represent and warrant that any mod created by you, and your grant of rights in such mod, does not violate any applicable contract, law or regulation, and that the mod is your original creative work and does not infringe any third party´s intellectual property rights or any other rights. Terror Firma specifically disclaims any liability with regard to any mod, and you agree to indemnify, defend and hold Terror Firma and its, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish.

 

We reserve the right to suspend access to, or terminate your licence for, any mods published by you or modding tools provided by us. Terror Firma is under no obligation to use, distribute or continue to distribute mods, and you understand that Terror Firma may restrict, or remove, your mods for any reason.

 

Please note that other rules - specific to a particular game or studio- may also apply to mods based on Terror Firma games.

 

7. Termination

If you fail to comply with any of the terms in the Terms of Use, the EULA or the Code of Conduct, Terror Firma will provide you with a warning for your non-compliance. In case of a serious violation of the Terms of Use, the EULA or the Code of Conduct, or in case of repeated cases of non-compliance, Terror Firma reserves the right to immediately terminate the Service to you, including any Additional Services. You may terminate the Service at any time by ceasing all use of the Service. Any money you have paid for Additional Services are not subject to return in case of termination of a Game, Service or Site, or any termination due to your non-compliance with these Terms of Use, the EULA or the Code of Conduct.

 

8. Disclaimer

THE SERVICE IS PROVIDED BY TERROR FIRMA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TERROR FIRMA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TERROR FIRMA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE AND/OR SERVICE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE AND/OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE AND/OR SERVICE; OR (IV) THAT THE SITE AND/OR SERVICE, PRODUCTS DOWNLOADED FROM THE SITE AND/OR SERVICE, TERROR FIRMA SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF TERROR FIRMA , ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

9. Limitation of Liability

IN NO EVENT SHALL TERROR FIRMA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF TERROR FIRMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND CONTENTS AVAILABLE FROM THE SITE AND/OR SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

10. Indemnification

Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless Terror Firma, and its respective employees, contractors, officers, directors, licensors, licensees (excluding you), sublicensees, successors and assigns from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of (i) your breach of any of these Terms of Use, EULA or Code of Conduct; (ii) your use or misuse of the Service, or iii) the use or misuse of the Service by a third party using your Account, if such use or misuse is due to your failure at maintaining the security and confidentiality of your Account. External Sites, a Game, Site and/or Service may contain links to other sites on the Internet, or you may be able to access the Site and/or Service from other sites on the Internet, that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Terror Firma does not review or evaluate all of the External Sites and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these External Sites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective terms of use and privacy policies of each of these External Sites. Under no circumstances shall Terror Firma be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such External Site.

 

11. Electronic Communications

When you visit the Site, use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically in order to answer your inquiries or comments, to provide you with an invoice or game key, or with general information regarding the Service, any Game or product. We will communicate with you by e-mail or by posting notices on the Site or on the Communication Facilities. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

12. Updates to the Services.

For the purpose of improving its products and services, Terror Firma may require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and agree that Terror Firma may update the Service and the Games on your computer, with or without notification.

 

13. Equitable Remedies

You agree that Terror Firma would be irreparably damaged if the terms of these Terms of Use were not specifically enforced, and therefore you agree that Terror Firma shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies Terror Firma may otherwise have available under applicable laws. This section shall survive the termination of these Terms of Use.

 

14. Severability

If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.

 

15. Waiver

Terror Firma´s failure to enforce any term of these Terms of Use at any time shall in no way be construed to be a present or future waiver of such term.

 

16. Governing Law/Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws rules and principles. You agree to submit to the personal jurisdiction of the courts of Preston, England for any cause of action arising out of or relating to these Terms of Use, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action, to the extent permissible by applicable law.

 

17. Modification of Terms of Use

Terror Firma shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately upon posting of any such changes on the Site or through the Services. Please review these Terms of Use regularly to ensure you are aware of any changes made by Terror Firma. Your continued use of the Site after changes are posted means you agree to be legally bound by these Terms of Use as updated and amended.

 

18. Contacting Us

If you have questions about these Terms of Use, the information practices of Terror Firma, or otherwise in relation to your dealings with Terror Firma, please contact us at https://www.abterrorfirma.com/contact .

 

Terms of Sale

Last update 7th July 2021

 

1. Acceptance of the Terms of Sale

Thank you for visiting the Terror Firma Store (the “Store”). These Terms of Sale govern your purchase of software products, digital content, content subscriptions, virtual currency, in-game content, physical goods such as merchandise or any other physical or digital product or service (each a “Terror Firma Content“) available through as https://www.abterrorfirma.com/ or other affiliated sites or platforms. These terms constitute a binding, legal agreement between you (hereinafter referred to as “you“), and the Terror Firma team and its subsidiaries and affiliates (“Terror Firma”, “we” or “us”). Any purchase of any Terror Firma Content on the Store is governed by these Terms of Sale, which supplement the Terror Firma Terms of Use and Privacy Policy. Additionally, your use of certain Terror Firma video game and software is governed by the terms of an applicable End User License Agreement (“EULA“). If you purchase Terror Firma Content from a third party, your purchase is with that third party and not with Terror Firma. Please contact such third party should you have any questions or complaints regarding such purchase. These Terms of Sale may be modified at any time in Terror Firma’s sole discretion. When we revise these Terms of Sale we change the "Last Updated date” above and post a link to the revised Agreement at https://www.abterrorfirma.com/legal . PLEASE NOTE THAT BY MAKING A PURCHASE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SALE. PLEASE READ THEM CAREFULLY.

 

2. Making a purchase on the Store

To make a purchase on the Store you must have a Terror Firma Account (“Account(s)”). If you do not have a Terror Firma Account you need to create one before purchasing Terror Firma Content, by providing a correct email address and billing information. The use of the Accounts is governed by the Terms of Use, Rules of Conduct and the Privacy Policy and we advise you to please read these three policies carefully before creating an Account. No child under the age of 15 is allowed to open a Terror Firma Account. Terror Firma may offer Terror Firma Content for individuals between the age of 15 and 18, but it sells them to adults only who can make purchases with a credit card or other such payment means online. Should you be under the age of 18, you must have your parent’s or guardian’s consent before making any purchase.

 

3. Liability for Unauthorized Transactions

You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you hereby accept sole responsibility for all activities that occur under your Account or password, unless as otherwise specified hereunder. You are responsible for all purchases of Terror Firma Content made through your account. Terror Firma shall not be liable for any loss that you may incur as a result of unauthorized purchase or uses of your Account, when such loss is due to your failure at maintaining the security and confidentiality of your Account.

 

4. Use of registration information and non-personally identifiable information

Terror Firma may share your registration information with its partners, affiliates, and third parties to handle and deliver certain online activities necessary to operate Terror Firma business, such as process orders and payments for any Terror Firma Content you purchase. In addition, Terror Firma may employ “anti-cheating” or fraud prevention utilities which collect non-personally identifiable information about your device when an order is placed with us. For additional information about how Terror Firma handles the information you provide us through the Store, please read our Privacy Policy. Please note that your use of the Store constitutes your acceptance of the Privacy Policy.

 

5. Pricing

The price payable by you is the price indicated on the checkout page before you finalize your purchase. The price displayed on the Store and in the confirmation email will include any applicable Sales Tax, GST and VAT. For physical goods, the cost of shipping is dependent on the package weight, its dimensions and where the Terror Firma Content will be delivered. The cost of shipping is included in the final price displayed on the Store, before checkout. Please note that if your delivery address is outside of the European Union, you may also be subject to customs charges. These fees are payable by you and are NOT included in the price. Terror Firma reserves the right to change the price and availability of any and all Terror Firma Content at any time without notice; provided that such price change will not affect your purchase price for orders that Terror Firma has already received from you and processed.

 

6. Delivery of Terror Firma Content

6.1 Digital Content

Terror Firma will strive to deliver properly ordered digital content to you within a reasonable amount of time. However, occasionally, technical problems and/or a manual review of the order may delay or prevent delivery of the ordered digital content. Your remedy with respect to a digital content that is not delivered within a reasonable amount of time is to either receive a replacement of such digital content, or a refund of the purchase price paid for such a digital content. Our obligation to deliver the digital content to you shall be complete at such time as, and place where, you first receive the downloaded digital content. Furthermore, Terror Firma will not supply any Products or services to you until your credit card issuer has authorized the use of your card for payment of the digital content ordered.

 

6.1.1 Digital Content delivered by means of a product key.

The maximum amount of product keys you may buy for a single digital content through a Terror Firma Account may be limited. Furthermore, any sale of product keys is for non-commercial purposes only and any sale or distribution of the Products to third parties for commercial purposes is strictly forbidden. In cases of suspected fraud or illegal trade with our product keys, Terror Firma reserves the right to lock your product key(s). If you purchase a product key prior to the release date of the digital content, once the purchase has been completed, you will receive an email confirming the purchase of the digital content. On the release date of the applicable digital content, you will get another email containing the product key for the digital content.

 

6.1.2 Digital Content delivered directly to your STEAM account or Terror Firma account.

Digital content which supports cross-platform ownership will be delivered directly to your Terror Firma account and the STEAM account with which you have linked your Terror Firma account. If you make a pre-order of digital content which supports cross-platform ownership, then once the purchase has been completed you will receive an email confirming the purchase of the digital content. On the release date of the applicable digital content, the digital content will be delivered to your STEAM account and Terror Firma account.

 

6.2 Physical Goods

Terror Firma will strive to deliver all properly ordered physical goods to you within a reasonable amount of time. When electing the International Standard shipping method we ask you to allow up to three (3) weeks after you receive the confirmation email for your purchase to be delivered. If after three (3) weeks, you have not received your order, please contact Terror Firma Customer Support.

 

7. Events and Shows

7.1 Age Restrictions.

Please note that specific age restrictions may apply to certain events or happenings and to the purchase of tickets to attend any such events or happenings. As a consequence, please read carefully the product webpages of any events you plan to attend before purchasing any tickets. Terror Firma reserves the right to refuse access to any events and happenings to anyone who fails to prove their age through valid photo ID.

 

7.2 Release.

By entering a Terror Firma show or event, you consent to release any and all rights you may otherwise have to your likeness, and to any photographs, recordings or other images owned or created by Terror Firma, by any exhibitor personnel, and by any member of the media. You grant Terror Firma, all exhibitors, and media the right, permission, and license to use your name, voice, image and likeness, and release Terror Firma, all exhibitors, and media from liability resulting from such use.

 

8. Payment methods

When you purchase Terror Firma Content via this Store, you may pay for your purchase using the payment method (the “Payment Method”) that Terror Firma identifies on the Store. Please note that you will be bound by your chosen Payment Method provider's terms and conditions, such as for example PayPal. Please contact such third party should you have any questions regarding your chosen Payment Method provider‘s terms and conditions.

 

9. Refunds

Terror Firma does not offer refunds for Terror Firma Content purchased through the Store unless as otherwise specified herein and subject to any rights you may have under applicable law. In case of damaged goods, goods of unsatisfactory quality or goods in an unsellable condition please contact Terror Firma Customer Support for information on refunds. Any such requests will be dealt by Terror Firma on its sole discretion.

 

9.1 Right of Withdrawal for residents in EU/EEA

If you reside in the EU/EEA, you have the right to withdraw from a purchase of Terror Firma Content within fourteen (14) days without giving reason. The withdrawal period expires fourteen (14) days from the day the Terror Firma Content was delivered to you. In order to exercise your right of withdrawal, please contact us. In order for you to meet the withdrawal deadline, it is sufficient that you send us your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Please note that if you choose to exercise the right of withdrawal, you bear the cost of returning the goods to us. If you decide to withdraw from the purchase, we will refund to you all payments received from you without undue delay and in any event no later than fourteen (14) days from the day on which we are informed about your decision to withdraw from the purchase. The refund will be done by the same Payment Method as you used for your purchase.

 

IMPORTANT NOTICE REGARDING DIGITAL CONTENT

Please note that you will lose your right of withdrawal for purchased digital content as soon as you have expressly consented to the performance of the digital content and have acknowledged that you will therefore lose your right to withdraw from the contract, and/or as soon as and have started to download such digital content on your computer or personal device, whichever occur first.

 

10. Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICES THAT YOU PURCHASE ON THE STORE ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TERROR FIRMA NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON THE STORE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TERROR FIRMA AGGREGATE LIABILITY UNDER THESE TERMS OF SALE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.

 

NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS OF SALE LIMIT TERROR FIRMA’S LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL INJURY CAUSED BY TERROR FIRMA’S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.

 

11. Claims

Any claim you bring against us relating to your purchase must be submitted to us within reasonable time after you became aware of, or should have become aware of, the circumstances giving rise to a claim, and under no circumstances later than the minimum claim time permitted under applicable law.

 

12. Electronic Contracting

When you visit the Store or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Store. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

13. Governing Law and Jurisdiction

These Terms of Sale are governed by and construed in accordance with the laws of the United Kingdom, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. You agree to submit to the personal jurisdiction of the courts of Preston, England for any cause of action arising out of or relating to your purchase.