Website Terms of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
1. Who we are
1.1 This website is operated by Guerrilla B.V. of Nieuwezijds Voorburgwal 225, 1012 RL Amsterdam, The Netherlands (“Guerrilla”).
2. By using this site, you accept these Terms of Use
2.1 These Terms of Use tell you the rules for using our site. By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our site. We recommend that you print a copy of these Terms of Use for future reference.
2.2 We amend these Terms of Use from time to time. Every time you wish to use our site, please check these Terms of Use to ensure you understand the terms that apply at that time.
3. Children
3.1 Some content available via our site may not be appropriate for children under a certain age. In some cases, ratings will be displayed to indicate the suitability of content or access may be restricted to certain age groups. Parents and guardians should supervise their children’s access to our website and in particular, their use of any community areas.
4. Intellectual Property
4.1 All intellectual property rights in the site and content available on our site belong to Sony Interactive Entertainment Europe Limited (“SIEE”), its affiliates or licensors. Much of the content is protected by copyright, trade mark and other laws. Unless otherwise stated, content may be copied only for your personal use. Content should not be modified, performed, published, transferred to anyone else or used for any commercial purpose.
4.2 Except to the extent permitted by applicable local law, you must not disassemble, de-compile, reverse engineer or otherwise break or attempt to break encryption protecting the content.
5. Availability
5.1 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We reserve the right to change, suspend or withdraw content from our site, to suspend your access to our site, or to discontinue the site or site feature at any time without notice.
5.2 You must not damage, interfere with or disrupt access to our site or its content, nor do anything that may impair functionality or interfere with another person’s access to our site or its content. You must not use the site or its content in any way that is unlawful or damaging to us, SIEE, our affiliated companies or any other person.
6. Links to other sites
We have not approved or checked any third party sites linked to our sites and we are not responsible or liable in any way for their content. Your use of third party sites will be subject to the terms and conditions of those sites.
7. Your rights and our liability
7.1. As a consumer, you may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in these Terms of Use, including in this clause.
7.2. If you are a consumer, these Terms do not:
7.2.1. affect any statutory guarantees or warranties you have as a consumer under local applicable laws (such as your rights if products are faulty);
7.2.2. exclude or limit our liability in any way for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
7.2.3. exclude or limit our liability in any way for fraud or fraudulent misrepresentation; or
7.2.4. exclude or limit our liability in any way unless we are allowed to do so under your applicable local laws.
7.3. If you are a consumer, subject to clauses 7.1 and 7.2, our liability to you is limited to £100 (or local currency equivalent).
7.4. To the extent you are using our site other than as a consumer:
7.4.1 we do not limit our liability for: (i) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) our fraud or fraudulent misrepresentation; (iii) any liability that cannot be limited or excluded under applicable local laws.
7.4.2 subject to clause 7.4.1, we accept no liability for (i) loss of profit; (ii) loss of sales or business; (ii) loss of agreements or contracts; (iii) loss of anticipated savings; (iv) loss of or corruption of software; (v) data or information; (vi) loss of or damage to goodwill; and (vii) any indirect or consequential loss.
7.4.3 subject to clause 7.4.1, our total liability to you under or in connection with these Terms of Use, whether in contract, tort (including negligence), breach of statutory duty or otherwise will not be more than £100 (or local currency equivalent).
8. Governing law, jurisdiction and third party rights
8.1. If you are using the site as a consumer:
8.1.1 these Terms of Use, any contracts formed in accordance with them and any disputes we may have in connection with them will be governed by and determined according to the laws where our company is registered (the Netherlands) but if you are using this site as a consumer you may have the additional protection of mandatory laws of the country in which you live.
8.1.2 we can enforce these Terms of Use in a court of the country in which you live.
8.1.3 you can enforce these Terms of Use in a court in the country in which you live, or where our company is registered.
8.2. To the extent you are using the site other than as a consumer these Terms of Use, any contracts formed in accordance with them and any disputes we may have in connection with them will be governed by and determined according to the laws of the Netherlands; and the courts of the Netherlands will have exclusive jurisdiction.