THE FOLLOWING TERMS AND CONDITIONS OF USE (“ToU”) APPLY TO ANY AND ALL CONTENT (PODCASTS, ARTICLES, GAME MATERIAL ETC) ASSOCIATED WITH THE WEBSITE “FLANKED GAMES”, THAT IS PRESENTED IN A COMPATIBLE PERSONAL COMPUTER OR A COMPATIBLE MOBILE DEVICE SUCH AS SMARTPHONES, TABLETS ETC AND SHOULD BE READ CAREFULLY BEFORE ANY ACCESS BY ANY USER (REFERRED TO AS “YOU” OR THE “USER”) OF THE WEBSITE http://www.flankedgames.com (THE “WEBSITE”)BY THE TEAM NAMED “FLANKED GAMES” (ALSO REFERRED TO AS “US”, “WE” or “OUR”).
1. Application of Terms & Conditions of Use
You explicitly agree that by accessing and using the Website you accept and agree with the present ToU as set herein below or/and as amended at any time later. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website. If you are not capable or legally allowed of accepting these ToU you should not use our Website in any way, without a prior due consent from a competent parent or guardian.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you should not access our Website.
2. Privacy and Security
We are committed to protecting your privacy and personal data. Upon access in our site the user accepts the deployment of cookies for the sole purpose of storing necessary information that is essential to improve user’s experience.
We will not store, collect or uphold any personal information – sensitive or general – except only in the case of User’s contact in our GM for Hire Service, in which case the User is required to submit a valid e-mail address, year of birth (required fields) as well as a name, the country he or she lives and general comments (optional fields).
Our Website uses “Cookies” which are small text files installed to the user’s computer, within the preferences of a user’s computer browser, that store on the user’s hard drive information about the user. Once you provide Personal Information to our Website your Personal Information may be linked to the data stored in the cookies. We may also collect anonymous and non-personal aggregate metrics, such as counting the number of page views on our Website. When you use our Website, we will use your IP address, metrics and cookies to provide certain functionality to you and to better understand how our services are being used.
You may adjust your computer’s internet browser to reject cookies from our Website. However, many areas of our Website can only be accessed with cookies enabled and you should be aware that disabling cookies would prevent you from accessing some features and/or content on our Website.
Please mind that you are using the Website on your own risk. We cannot guarantee that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to or viruses or any other malicious code that might affect any equipment (including but not limited to your computer, mobile device or tablet), software, data or other property as a result of any download, installation, access to or use of the Website by you or through obtaining any material from, or as a result of using, the Website. We shall also not be held liable in relation to the actions of any third parties.
We have implemented and maintain reasonable security measures to avoid any unauthorized access to any Personal Information; however you should be aware that, despite our efforts, our Website, as any other electronic service may be hacked and the data stored in our systems may be transmitted or intercepted. Accordingly we cannot accept any liability, to the maximum extent permitted by applicable law(s), in any case your Personal Information was compromised or intercepted or misused in any other way as a result of a breach of security. In such case, though, we will notify you for any such incident.
We do not solicit, request or knowingly collect Personal Information from persons under the age of 18. The newsletter service of our Website, which is our only service where we ask for some Personal Information, is addressed exclusively to adults.
Mind, though, that our company cannot verify the age of the persons subscribed to our newsletter, so it is expected that the adults who act as guardians to underage persons exercise proper supervision over any activity to these persons when accessing and using our Website and Apps. Any person subscribed should be either an adult or a non-adult with competent parental or guardian consent. In any case if you become aware that any person under the age of 18 is providing Personal Information to our Website please let us know.
3. Links and Third Party Websites and Apps
In addition you are not entitled , unless you are granted explicit permission by “FLANKED GAMES”, to:
- a) use or copy the Content and generally any material from our Website onto other websites or in other mobile applications or in any other electronic presentation, or
- b) frame our Website or any part of it onto your own or another person’s website or mobile application or any other electronic presentation.
Furthermore we are not liable for your purchase of any services, products or services sold by third parties advertised or linked in our Website. We may host a link to third party’s mobile app, website or even ta physical shop but these parties will be solely liable against you for any transaction between you and them. You explicitly acknowledge that we do not have any participation and liability against you when you reach and transact with these third party sellers.
4. Disclaimers of Warranties - Limitation of Liability
YOU KNOWINGLY AND FREELY ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF OUR WEBSITE. THE WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE”. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ARTISTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, CONTENT PROVIDERS AND ASSIGNEES) SHALL NOT BE LIABLE FOR ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND THE RELATED SERVICES AS WELL AS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE OR ANY WEBSITE OR/AND APPS LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU REGARDING ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE OR WITH ANY OF THESE ToU, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE HELD LIABLE FOR ANY DAMAGES IN EXCESS OF ANY FEE PAID IN THE WEBSITE FOR ANY SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
NEITHER WE (FLANKED GAMES), ANY OF OUR CONTENT PROVIDERS, ARTISTS AND AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS SHALL WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE AND THE APPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CAUSED TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR TABLET OR LOSS OF ANY DATA RESULTED FROM DOWNLOADING ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE ToU
5. Governing Law and Choice of Forum – Severability
The present ToU shall be governed by and construed in accordance with the laws of Greece, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website and the Apps or these ToU shall be filed only in the courts located in Athens, Greece and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
6. Miscellaneous Terms
If any provision of these ToU 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.
These ToU together is the sole and entire agreement between you and us relating to the subject matter herein. These ToU may be modified only by our posting of changes to these ToU on our Website.
We may assign our rights and obligations under these ToU. These ToU will inure to the benefit of our successors, assigns and licensees. The failure of either party of this agreement to insist upon or enforce the strict performance of any provision of these ToU or to exercise any right under the ToU will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
These ToU (or any other document referred to in these ToU) are the only terms to govern the use of the Website and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to these ToU except as expressly stated in these ToU. Neither us nor you shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these ToU (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these ToU) and that party’s only remedies shall be for breach of contract as provided in these ToU.
We reserve the right, at our sole discretion, to modify or replace these ToU at any time. If a revision is material we will try to provide at least 30 days’ prior notice on our Website. What constitutes a material change will be determined at our sole discretion
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