Gray Orc Games, Inc. Is A Delaware Corporation With An Office At 2231 S. Barrington Ave, Los Angeles, Ca 90064 ("Gray Orc Games," "Company", "We," "Us," Or "Our"). This Is A Legal Agreement Between You ("You") And Gray Orc Games. Please Read This Document Carefully Before Clicking On The Purchase Button. Your Purchase And Use Of Software, Products, And Services Through Humblebundle.com And Gray Orc Games's Mobile Application (Collectively, The "Service") Is Governed By These Terms Of Service ("Terms"), Which Hereby Incorporate By Reference The Gray Orc Games Privacy Policy (Together With Any Updates Or Additional Terms, The Terms And Privacy Policy Are Collectively Referred To Herein As The "Agreement"). The Service Made Available Is Licensed, Not Sold, To You. When You Purchase The Service Through Humblebundle.com And Gray Orc Games's Mobile Application, You Are Puchasing A Non-exclusive, Non-transferable, Non-sublicenssable, Non-commercial License To Use That Service. Any Reference Herein To Purchase Of The Service In The Terms Shall Mean A License To The Service. If You Download Software From One Of The Gray Orc Games Websites Or In Connection With That Service, Your Use Of The Software Is Also Governed By The Applicable End User License Agreement Presented To You On Download Or Installation Of That Software.

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1. USE OF SERVICE

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(a) Eligibility. You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and foreign laws, rules and regulations. If your minor children use the Service, you are solely responsible for such use, including, without limitation, any purchases your minor children make through the Service and any exposure to the content available on Gray ORC Games. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement and you agree that you will not allow your minor children under the age of 13 to engage in such use. You may not use the Service if you have previously been removed or banned from the Service by Gray ORC Games.

(b) Restrictions. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Gray ORC Games grants the operators of public search engines revocable permission to use spiders to copy materials from Gray ORC Games for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products' (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per-user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use. Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.

YOU ACKNOWLEDGE AND AGREE THAT Gray ORC Games HAS THE ABSOLUTE RIGHT IN ITS SOLE DISCRETION, WITHOUT ANY LIABILITY TO YOU OF ANY KIND AND IN ADDITION TO ALL OF ITS OTHER RIGHTS UNDER THIS AGREEMENT, IN LAW AND AT EQUITY, TO CANCEL ANY AND ALL DOWNLOAD PAGES, PRODUCT KEYS OR REDEMPTION CODES FOR PRODUCTS YOU HAVE PURCHASED SHOULD Gray ORC Games DETERMINE IN ITS SOLE DISCRETION THAT YOU HAVE VIOLATED ANY OF THESE RESTRICTIONS OR VIOLATED ANY APPLICABLE LAW.

(c) Termination of Service or Access. We may, without prior notice and at our sole discretion, change the Service; stop facilitating the Service or features of the Service, to you or to users generally; suspend or terminate your account if it would be in the best interests of our community or our Services; or create usage limits for the Service, including, without limitation, limiting the number of Products you may purchase at any given time or under any given account or set of accounts. We may permanently or temporarily terminate or suspend your account, for any reason at any time upon our sole discretion, without any notice and liability, if you, including but not limited to: violate any provision of this Agreement; commit or are suspected of committing user fraud; resell or are suspected of reselling an account for profit; or violate or are suspected of violating any other applicable law . Upon termination for any reason or no reason, you continue to be bound by this Agreement. We may at our sole discretion re-instate a suspended account.

(d) Your Information. The Service is only for sales of products or product rights (collectively, "Products") to end user customers for their personal, non-commercial use. The personal information you submit to the Service is subject to Gray ORC Games's Privacy Policy at humblebundle.com/privacy, which is expressly made part of these Terms. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service.

Once you make a purchase, you will receive a unique download page. You shall not, directly or indirectly, disclose the unique URL for your download page to anyone else or use anyone else's download page. You are solely and entirely responsible for all activities that occur on your download page. Gray ORC Games shall not be responsible for any losses arising out of the unauthorized use of your download page.

(e) Objectionable Material. You understand and agree that by using the Service and Products, you may encounter content that may be deemed mature, offensive, sexually explicit, indecent, violent, or objectionable in other aspects. We state when a Product may not be appropriate for all ages, but the content may or may not be clearly identified as containing (including but not limited to) strong language, violence, mature, offensive, sexually explicit or adult subject matters. Your exposure to the aforementioned may be due to the content of the Products or your interactions with other users in the course of using the Products. You must be 18 years or older to purchase (whether separately or in a bundle) Products that contain mature content. You acknowledge that you are legally 18 years or older upon purchase of such Products. You agree to use the Service at your sole risk and that Gray ORC Games shall have no liability to you for content that may be found to be mature, offensive, sexually explicit, indecent, violent, or objectionable in other aspects.

(f) Product Requirements. Use of the Service and/or Products requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining patches, updates or upgrades from time to time. Because use of the Service and/or Products involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Service and/or Products may be affected by these factors. You are responsible for being aware of any particular system requirements of any Product and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase can be found on the information page for each Product. Certain Products also may require you to register an account with a third party (which may require an initial and/or ongoing fee) or to install third party software and content in connection with their use. Gray ORC Games does not assume any responsibility or liability for any such fee, account or third party software or content. Physical copies Products are not available. 

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2. PAYMENT AND DELIVERY

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In these Terms, "total amount paid" means the amount collected from the User which includes the purchase price together with any amount donated to charity plus any applicable taxes and "purchase price" means the price of the Product plus any applicable taxes, and HB 'tip' where applicable.

(a) Pricing of Products. Your purchase price will include the price of the Product plus any applicable taxes in effect on the time of purchase, and based on country data you provide on your download page. Gray ORC Games reserves the right to change prices and availability of Products at any time. If you are not located in either the US or the EU your purchase price will be the full amount of the price posted and failure on Gray ORC Games's part to invoice you for any applicable taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Service.

(b) Orders. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Gray ORC Games reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order.

(c) Payment for Products. The Service uses PayPal, and other payment providers as may be indicated on the purchase page. You agree to pay for all Products you purchase through the Service, and that Gray ORC Games may charge your chosen payment method (such as PayPal, Amazon Payments, or a deduction from your Humble Wallet) for any Products purchased, and for any additional amounts (including any taxes, late fees, and any amounts donated to charity as applicable) as may be accrued by or in connection with your account. All fees will be billed to the payment method you designate during the checkout process. Billing to your selected payment method occurs at the time of purchase. If you use the services of an alternate payment method provider such as PayPal, you will be bound by that party's terms and conditions, which are available on that party's website. You also may be required to create an account with such payment method provider and to provide that payment method provider with your credit card or other details. Gray ORC Games reserves the right to change the payment methods offered at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

(d) Humble Wallet. You may elect to participate in Company's Humble Wallet service offering (the "Humble Wallet") to purchase certain Products. Company grants you a limited license to acquire, use, and redeem the Humble Wallet service offering pursuant to the terms of this Agreement. You may place funds in the Humble Wallet up to an amount to be designated by Company through one or more payment providers as further set forth in Section 2(c) above. Currently, the maximum balance you may have in the Humble Wallet at any given time is the equivalent of $250.00 USD and the total amount of all transactions through the Humble Wallet per 24-hour period is equivalent to $2,000 USD. There may be a delay between the time you place funds into the Humble Wallet and your ability to purchase Products with the Humble Wallet. Any purchases made through the Humble Wallet are non-refundable, unless otherwise required by law. To the extent that Company makes any changes to the balance caps or usage of the Humble Wallet, Company shall post such changes to this website. Your use of the Service thirty (30) days following the date such changes go into effect constitutes your acceptance of those changes. Should you not agree to such proposed changes, your only remedy is to cease your use of the Service. Any balance in the Humble Wallet is strictly non-refundable and non-transferrable, unless otherwise required by law, and no Humble Wallet balances are insured by the Federal Deposit Insurance Corporation (FDIC). Additionally, any balance in the Humble Wallet does not constitute personal property, has no cash value outside of the Service. Company shall not send you any statements with regard to transactions made through your Humble Wallet. You are responsible for verifying your Humble Wallet balance and reviewing purchases made through the Service. To check your Humble Wallet balance, go to humblebundle.com/user/wallet and enter your account information. Any Humble Wallet balances that are deemed unclaimed property may be turned over to the applicable governmental authority. Not all Products or other aspects of the Service are for purchase through the Humble Wallet. You are responsible for confirming that the particular Products you wish to purchase are purchasable with the Humble Wallet prior to placing funds into the Humble Wallet.

(e) Humble Choice Subscription. The Humble Choice subscription is a series of Products based on available plans and provided as a monthly subscription. If you have subscribed to a Humble Choice subscription plan and have provided us with your payment information, you authorize us to charge you a monthly membership fee at the then current subscription rate for the Humble Choice plan you have selected. You acknowledge that the Humble Choice subscription plan terms and rates for each available plan are subject to change and you agree to pay the applicable subscription rate unless you cancel the subscription, as described in this section. We will notify Humble Choice members of any price changes to their selected plan and any material changes in subscription terms via email prior to implementing the change. 

We will automatically charge the applicable Humble Choice subscription fee to your selected payment method within seven (7) days from the closest business day to the date on which that month's Humble Choice bundle availability ends. The Humble Choice bundle is typically distributed on the first Tuesday of every month; however, this date may be subject to change at our discretion from time to time. We have the right to change your payment method provided and the date on which your billing cycle occurs. An example of when we may do so is if we cannot successfully settle your account with the original payment method you provided. You are responsible for all charges to your account, including any unpaid charges that occurred prior to the date you cancel your account.

From time to time, Humble may run a limited time promotion to receive a discounted or free month of Humble Choice. New and active subscribers may be eligible. Promotions cannot be combined with any other discount or offer. Limit one per customer. If you redeem the discounted or free month of Humble Choice, you will be billed that amount for the month in which you redeem such discounted or free month. Going forward, you will automatically be billed the full price depending on the promotion used and the tier of Humble Choice you select unless you pause or cancel your subscription. Humble will send an e-mail reminder before your subscription renews. Some exclusions may apply. You acknowledge and agree that any such discounting pricing may be subject to change or terminated at any time in Humble's sole discretion.

Humble Choice active subscribers may be eligible for certain discounts on Humble Store purchases, as displayed in the Humble Store. The discount is only available to active subscribers and expires when a user unsubscribes or pauses their subscription. Some exclusions may apply. You acknowledge and agree that any such discounting pricing may be subject to change or terminated at any time in Humble's sole discretion.

You may cancel your subscription to Humble Choice by going to the Gray ORC Games website at www.humblebundle.com, logging into your account and clicking on "Manage My Subscription" through the account settings page. To prevent being charged for Humble Choice for a given calendar month, you must cancel your subscription at least seven (7) days prior to the next upcoming Humble Choice bundle distribution. For example, if the Humble Choice bundle distribution is to occur on March 8, then you must cancel prior to March 1 to ensure that you are not charged for the month of March. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

NOTE: Humble Monthly subscribers active as of December 6, 2019 at 10:00 am Pacific time will automatically be transferred to the Humble Choice Classic plan. More information is available here: https://support.humblebundle.com/hc/articles/360036658733

(f) Charitable Sales Promotions. Under the terms of its charitable sales promotions, Gray ORC Games will remit all funds designated for a particular charity, less any applicable taxes, purchaser refunds/credits, and processing fees in accordance with the instructions of the customer. There are no minimum or maximum amounts which Gray ORC Games will remit to a particular charity under the terms of its charitable sales promotions. Gray ORC Games will not have use of the funds which are designated for a charity by the customer. Gray ORC Games typically makes donations to donor-directed funds like PayPal Giving Fund, with a corresponding recommendation that they regrant the funds to the charity designated by the customer. The fund will make every effort to grant the funds to the designated charity but, like all donor-directed funds, retains ultimate discretion and control over the use of the donations it receives from Gray ORC Games, and may redirect funds to a similar qualifying charitable organization if it is unable to follow the recommendation. You will not be entitled to a tax deduction for contributions made by Gray ORC Games to any charity or donor-directed fund.

(g) Bundles. The Gray ORC Games "Bundle" offering allows you to determine the price that you will pay for a bundle of various Products offered during a given time by Gray ORC Games (each, a "Bundle"). Each Bundle has various suggested prices for groupings of Products. If you want to pay a different amount from one of the recommended prices, you may do so by clicking on the "Custom Amount" button and entering the price you wish to pay for the particular Bundle. Additional Products may be included in a Bundle if you pay over a certain price as designated for that Bundle. If the custom amount you set is less than the required price to receive these additional Products, those Products will not be included in the Bundle you purchase. You may determine what portion of the total amount paid for a Bundle is attributed to (i) the rights holders of the Bundle Products; (ii) various charities as presented through the Bundle; and (iii) Gray ORC Games as a tip for making the Service available. To designate how you wish for your total amount paid to be split, click on the "Choose where your money goes" icon and then adjust the sliders to the positions you choose. If you do not adjust the sliders, then the amount you pay will be split according to the defaults set by Gray ORC Games. Note that (A) the tip paid to Gray ORC Games and (B) the amount to be paid to the various charities, are both optional; should you wish not to provide a tip or not to pay any amount to a charity, you may set the respective slider to $0.00.

(h) Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or Gray ORC Games. You may also have additional rights under applicable law.

(i) Delivery of Products. On occasion, technical problems may delay, interrupt or prevent the download or activation of your Product. Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be either replacement of such Product, store credit or refund, as determined by Gray ORC Games in its sole discretion. Gray ORC Games shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond its control, including your computer's performance and the speed of your internet connection. In some cases certain Products may be games that are still in development. You understand that in some instances Product release dates may be delayed and that release dates and times posted on the Service are only estimates, and you will not be entitled to any refund for a delayed product release date. In some cases due to various reasons, a key may not be available to replenish and in such cases, Gray ORC Games may offer the same game on a different platform (“Alternate Keys”) if this is a possibility. In cases where Alternate Keys are not available to replenish, Gray ORC Games is not obligated to provide them. Keys, including Alternate Keys, for all games, whether bought in a Bundle, Humble Choice subscription, or individually, must be redeemed within 3 years from the purchase date. Gray ORC Games shall not be obligated to provide any keys, including Alternate Keys, to games that are unredeemed within aforementioned timeframe and thus become expired. Our obligation to deliver any Product to you shall be complete at the time when and place where you first receive the information necessary to commence downloading such Product. In all circumstances it is your responsibility to ensure that the Product is correctly and completely installed on your computer. Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged or destroyed, and Gray ORC Games shall be without liability to you in the event of any loss, damage or destruction. Gray ORC Games encourages all its users to appropriately back up the Product files and any other elements associated with the Products.

(j) No Ongoing Obligations. Notwithstanding any other provision of these Terms, Gray ORC Games and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice. You acknowledge that some aspects of the Service, Products, and administering of our usage rules entails the ongoing involvement of Gray ORC Games. Accordingly, in the event that Gray ORC Games changes any part of the Service or discontinues the Service, which Gray ORC Games may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Gray ORC Games shall have no liability to you in such case. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any Product (although Gray ORC Games may offer such updates, versions or enhancements at its sole discretion). The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

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3. CUSTOMER SERVICE

(a) Assistance with Orders. For assistance with billing questions or other order inquiries, please contact us at https://support.humblebundle.com. If you cannot find the answers you are seeking in our knowledge base, you can send us an email from that page.

(b) Refund Policy. Certain restrictions apply to sales of Products sold through the Service that might not otherwise apply to physical goods. Refunds will not necessarily be issued due to your dissatisfaction with the Product or if your computer does not meet the minimum Product requirements. If you feel you qualify for a refund, please contact Customer Service. Refunds will be issued solely at Gray ORC Games's discretion. Two months after a purchase, it is no longer possible for us to issue refunds on payment processors like PayPal. So please contact as soon as possible.

(c) Account Takeover Protection. All users should safeguard their username, password, and authentication information. If you suspect fraudulent activity on your account, please reach out to us at Humble Support for assistance to reset your password and revoke keys that were fraudulently claimed. Gray ORC Games can restore legitimate purchased Products or Services from the last 14 days. If your account has been hacked and fraudulent purchases have been made, Gray ORC Games may issue a refund within 60 days. Gray ORC Games may, if possible, re-issue keys for the Products in the user's library if Gray ORC Games has such Products in stock; to be clear, this is not a guarantee and out of Gray ORC Games's good will. It is your responsibility to maintain and secure your Gray ORC Games account.

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4. TERM AND TERMINATION

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(a) Termination by Gray ORC Games. If you fail, or Gray ORC Games, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of these Terms, including but not limited to failure to make payment of fees due, failure to provide Gray ORC Games with a valid payment method, failure to safeguard your download page, or violation of our usage rules or any license to the software, Gray ORC Games, at its sole discretion, without notice to you may: (i) terminate these Terms and/or your download page, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof). No such termination by Gray ORC Games shall limit any other rights Gray ORC Games may have in law or at equity.

(b) Termination by You. You may terminate these Terms by discontinuing all use of the Service and providing notice of such to Gray ORC Games. Gray ORC Games reserves the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or Gray ORC Games will result in your permanent inability to access your Humble Wallet, your download page and to download any Products associated therewith, and you will forfeit any right to any Products not already in your possession and any balance in your Humble Wallet.

(c) Survival of Terms. Notwithstanding any termination or expiration of these Terms, the terms of Sections 2(h), 2(j), 4(c), 5, 6, 8 and 10 will survive, along with any other terms which by their nature are intended to survive.

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5. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY

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(a) Disclaimer of Warranties. Gray ORC Games AND ITS LICENSORS DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Gray ORC Games MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY Gray ORC Games) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND Gray ORC Games AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

(b) Liability Limitations. IN NO CASE SHALL Gray ORC Games, AND ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "Gray ORC Games PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Gray ORC Games PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN LIMITATIONS OF LIABILITY, INCLUDING FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE Gray ORC Games PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(c) Indemnity. By using the Service, you agree to indemnify and hold Gray ORC Games, its affiliates, and licensors, and their respective directors, officers, shareholders, employees and agents, harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) arising out of the actual or alleged breach of these Terms by you or through your download page or your use or access of the Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.