Last Updated: November 9, 2016
Grendel Games is pleased to provide to you its sites, software, applications, content, products and services (Grendel Services), which may be branded Grendel Games, CatVentures or another brand owned or licensed by Grendel Games. These terms govern your use and our provision of the Grendel Services on which these terms are posted, as well as Grendel Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Grendel Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE GRENDEL SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1 Contract between You and Us
This is a contract between you and Grendel Games, a Dutch corporation located at Blokhuisplein 40, 8911 LJ Leeuwarden, The Netherlands. You must read and agree to these terms before using the Grendel Services. If you do not agree, you may not use the Grendel Services. These terms describe the limited basis on which the Grendel Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some Grendel Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Grendel Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Grendel Services. If you do not agree to any change to these terms, you must discontinue using the Grendel Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Grendel Services) if you fail to comply with any provision of these terms.
2 The Grendel Services
The Grendel Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
The Grendel Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Grendel Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Grendel Services may be used or exploited in any way other than as part of the Grendel Services offered to you. You may own the physical media on which elements of the Grendel Services are delivered to you, but we retain full and complete ownership of the Grendel Services. We do not transfer title to any portion of the Grendel Services to you.
3 Content and Software License
If a Disney Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Disney Service; decompile, reverse engineer, disassemble or otherwise reduce any Disney Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Disney Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Disney Service in violation of Dutch export control and economic sanctions requirements. By acquiring services, content or software through the Grendel Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
3.1 Disclaimers and Limitation on Liability
THE GRENDEL SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND EUROS (Û1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
3.2 Changes to the Grendel Services
The Grendel Services are constantly evolving and will change over time. If we make a material change to the Grendel Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
3.3 Additional Restrictions on Use of the Grendel Services
We do not allow uses of the Grendel Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Disney Service or connected network, or interfere with any person or entity's use or enjoyment of any Disney Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Disney Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Grendel Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
3.4 Third-Party Services and Content
If you access a Disney Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Grendel Services. You agree that your access to the Grendel Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
3.5 Mobile Networks
When you access the Grendel Services through a mobile network, your network or roaming providers messaging, data and other rates and fees will apply. Downloading, installing or using certain Grendel Services may be prohibited or restricted by your network provider and not all Grendel Services may work with your network provider or device.
4 Paid Transactions
4.1 Identity of Seller
Sales are made by Grendel Games or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some storefronts of the Grendel Services are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.
4.2 Digital Content and Virtual Items
We may make applications, games, software or other digital content available on the Grendel Services for you to license for a one-time fee. When purchasing a license to access such material from a Disney Service, charges will be disclosed to you on the Disney Service before you complete the license purchase.
Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Grendel Services. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Grendel Services can only be used in connection with the Grendel Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Grendel Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
4.3 The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
4.4 Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
4.5 Right of Cancellation
When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is non-refundable.
5 Additional Provisions
5.1 Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us whether or not solicited by us you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
5.2 Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the Grendel Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the courts located in the city of Leeuwarden, The Netherlands and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
5.3 Choice of Law
These terms are governed by and construed in accordance with Dutch laws, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.