Terms of Use Provider
The Provider Services are offered as a Game. The use of the Services is subject to Terms of Use. In order to use the Services, these terms must be agreed to. Deviations from these Terms of Use are only binding if accepted in writing by the Provider.

Article 1 – Definitions
The following terms, if capitalized, have the meaning as set out in this article, whereby the terms can be used in both the singular and the plural:

• Provider: Provider is a trade name of Tyrfing Gaming, registered with the Dutch Chamber of Commerce under number 93416067.
  
• GDPR: General Data Protection Regulation.
  
• Administrator: a system administrator appointed as User on behalf of the Provider.
  
• Game: the Game to be played by the End User.
  
• Services: Provider provides a game.
  
• Third parties: Other than Provider, Customer and Users. End User: the actual (natural) person over the age of 18 who uses the Services and/or is logged in as a User of the Services.
  
• User(s): The actual (natural) person who uses the Services. This is both an End User and an Administrator,
  
• Terms of Use: the present terms and conditions.
  
• Written: in these Terms of Use, Written also includes communication by e-mail or via the Services, provided that the identity of the sender and the integrity of the message are sufficiently established and that the integrity of the message has not been compromised.

Article 2 - Description of the Services
The Services products of the Provider:
The Game CaveLoop

Article 3 - Use

• The End User can purchase the Game from Steam.
  
• After the End User has downloaded the Game, the End User does not need to register.
  
• In order to use the Game, the End User must provide the necessary equipment, system software and (internet) connection at his own expense.
  
• Provider grants End User a non-exclusive right of use for the Game.
  
• Purchaser and End User are not permitted to license or make the Services available to Third Parties, by means of rental, Software-as-a-Service constructions or otherwise.
  
• End User is free to use the Services in any way they wish within the limits of these Terms of Use and the law.
  
• The right of use for the Services ends:
  
• by a Written notice from User to the Administrator that User no longer wishes to use the Services;
  
• by User deactivating or removing User's Game;
  
• because User is no longer affiliated with Provider.

Article 4 - Usage Rules

• It is prohibited to use the Services for actions that are in conflict with Dutch or other applicable laws and regulations. This includes, among other things, storing or distributing information via the Services that is libelous, defamatory or racist.
  
• In particular, it is prohibited to use the Services for distributing files in violation of relevant copyright legislation. It is also expressly prohibited to publish download codes for files.
  
• If the Provider or Administrator determines that an End User violates the above conditions, or receives a complaint about this, the Provider or Administrator will warn this End User. If this does not lead to an acceptable solution, the Provider or Administrator may intervene themselves to end the violation. In urgent or serious cases, the Provider may intervene without warning.
  
• If, in the opinion of the Provider, hindrance, damage or another danger arises for the functioning of the computer systems or the network of the Provider, End Users or Third Parties and/or of the service provision via the internet, in particular due to excessive sending of e-mail or other data, leaks of personal data or activities of viruses, trojans and similar software, the Provider is entitled to take all measures that it reasonably deems necessary to avert or prevent this danger.
  
• The Provider is at all times entitled to report any criminal offences that are observed.
  
• The Provider may recover the damage resulting from violations of these rules of conduct from the End User. End User indemnifies Provider against all claims from Third Parties relating to damage resulting from a violation of these user rules.

Article 5 - Intellectual property
The Services, the associated Game as well as all information, translations, trade name, logos and images on the website(s) relating to the Game, are the intellectual property of Provider. These may not be copied or used in any way without separate written permission from Provider, except in cases where this is legally permitted.

Article 6 - Confidentiality

• Provider and End Users will treat information that they provide to each other by using the Services as confidential if this information is marked as confidential or if the receiving party knows or should reasonably suspect that the information was intended as confidential.
  
• Provider will not take note of private data that End User stores and/or distributes via the Services, unless this is necessary for good service provision or Provider is obliged to do so by law or court order. In that case, Provider will make every effort to limit the knowledge of the data as much as possible, insofar as this is within its power.

Article 7 - Privacy and security

• The Services process personal data. The personal data to be processed falls under the GDPR. These personal data will be processed in accordance with the privacy and cookie statement of the Services that can be found on the website.
  
• Provider will ensure an appropriate level of security in view of the risks involved in the processing and the nature of the personal data to be protected. This, however, only if and to the extent that these are located in the systems or infrastructure of the Provider.
  
• The Provider has agreements regarding the processing of personal data and the security measures taken laid down in a processing agreement. The personal data will be processed in accordance with this processing agreement.
  
• If, for example, the End User must view, change or delete personal data stored in the Provider's systems on the basis of the GDPR, the Provider will reasonably cooperate fully in this.

Article 8 - Access and use

• The Provider only offers the use of the Game. The Provider never has any responsibility for and/or influence on the execution of the Services offered by any advertisers on the Game.
  
• All displayed (translated) information, videos, images and numbers on the Provider Game are subject to spelling or typing errors. End User shall ensure that all data that Provider indicates is necessary or that End User should reasonably understand is necessary for access to and/or use of the Game are provided to Provider in a timely manner.
  
• Provider is not liable for damage of any nature whatsoever that has arisen because Provider has assumed incorrect and/or incomplete data provided by End User, unless this incorrectness or incompleteness was known to Provider.

Article 9 - Support and maintenance

• Provider makes every effort to keep the Services continuously available.
  
• Provider will provide a reasonable level of support via the website and/or e-mail (or other channels made known to End User). However, Provider does not guarantee that all problems or requests submitted by End User will be processed.
  
• Provider actively maintains the Services. If maintenance is expected to lead to a limitation of availability, Provider will carry this out when use of the Service is relatively low. Maintenance will be announced in advance if possible. Maintenance in connection with calamities can take place at any time and will not be announced in advance.
  
• Provider may adjust the functionality of the Services from time to time. Feedback and suggestions are welcome, but ultimately Provider decides which adjustments will be implemented.

Article 10 - Guarantees and liability

• Provider will do everything possible to ensure that the Services function without interruption and without errors, but no guarantees can be given. Provider will make efforts to investigate and repair reported defects in the Service as soon as possible or to release a workaround for this. Provider may postpone the repair of errors with limited impact until the next planned update. Provider will continue to provide this service until it deems the game in a good playable state, at its own discretion.
  
• End User is aware that the Service is dependent on a stable internet connection at the location where End User wishes to use the Services. Provider has no influence on End User's internet connection, network and equipment. End User is responsible for maintaining this internet connection, network and equipment.
  
• End Users can use the Services at their own risk. Provider is not liable for any adverse consequences of the use of the Game authorized and/or unauthorized.
  
• Provider is not responsible for the generated and shared content by End Users when using the Services, including the messages in linked social media accounts.
  
• Provider is not liable or responsible for the content, changes, updates of and for links in websites and Third Party Services. Provider offers the links and access to websites and Third Party Services only for the convenience of End User.
  
• Except in the case of intent or deliberate recklessness, Provider is not liable, on any grounds whatsoever, for any damage in connection with the Services (including the loss of data), limited to the amount that Customer has paid in the three months prior to the moment of the event causing the damage, insofar as mandatory law does not provide otherwise.
  
• The conditions for the creation of any right to compensation is always that the End User submits the damage to Provider in writing as soon as possible, but no later than thirty (30) days after it has occurred.
  
• Provider is expressly not liable for indirect damage, consequential damage, lost profit, missed savings and damage due to business stagnation.
  
• In the event of force majeure, Provider is never obliged to compensate the damage incurred by End User as a result. Force majeure includes, among other things, disruptions or failures of the internet, the telecommunications infrastructure, power failures, internal unrest, mobilization, war, disruption of transport, strikes, exclusion, business disruptions, stagnation in supply, fire and flooding.

Article 11 - Compensation for the Services
Purchase costs are associated with the use of the Game.

Article 12 - Duration and changes to the Terms of Use

• The Terms of Use apply as long as the End User uses the Services.
  
• The Terms of Use can be changed by the Provider at any time. The Provider will announce the changes or additions so that the Customer and End Users can take note of them.
  
• Use of the Services after the date of entry into force is considered acceptance of the changed or supplemented conditions.

Article 13 - Other provisions

• The Terms of Use are governed by Dutch law.
  
• Unless otherwise prescribed by mandatory law, all disputes in connection with the Services will be submitted to the competent Dutch court for the district in which the Provider is established.
  
• The version of communication or information as stored by the Provider is deemed to be correct, unless the End User provides evidence to the contrary.
  
• If a provision in these Terms of Use proves to be null and void, this will not affect the validity of the entire Terms of Use.
  
• The Provider is entitled to transfer its rights and obligations under the Terms of Use to a third party that takes over the Provider or the relevant business activity from it.

Ridderkerk, November 25, 2024