Terms & Conditions

Updated: 27 July 2020



The information contained on www.intotheheavyunderground.com (hereafter referred to as “the Site”) is for general information and store purpose only. Into The Heavy Underground (hereafter referred to as “ITHU”) assumes no responsibility for errors or omissions in the contents on the Site. In no event shall ITHU be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Site or the contents of the Site. ITHU reserves the right to make additions, deletions, or modification to the contents on the Site at any time without prior notice.

About us

These terms and conditions (“Terms of Use”) apply to your use of this website, including any subdomains and systems (the “Site”). This is a legal agreement. It grants you certain rights and imposes certain obligations on you in connection with your use of the Site. You should read this document carefully.

The information on this Site is communicated by Tom Maene (registered company number BE0842.048.882) with its registered office at Tramstraat 20, 8680 Koekelare, Belgium (“ITHU”, “we”, “us”). To contact ITHU, please email us at info@intotheheavyunderground.com.


These Terms of Use, together with the documents referred to herein, explain the terms and conditions that apply to your use of the Site, its content and any of its related subdomains. By choosing to access and use the Site you are accepting and agreeing to be bound by these Terms of Use. If you do not agree with these Terms of Use you should not use the Site.

If you are under te age of 16 you should obtain the consent of your parents or legal guardians before using this Site. You and your parents or legal guardians should also read the Safe Surfing Guid on the Site.

Our Website uses cookies to distinguish you from other users of our Site. We use cookies in accordance with our Cookies Policy.

The Site will be made available to you free of charge in consideration of your acceptance of the Terms of Use. We reserve the right to change these Terms of Use at any time, without providing you with any notice. It is your responsibility to check them regularly or each time before you use the Site.

You expressly agree that use of the Site and related services is at your sole risk. The Site, Materials (as defined below) and related services are provided on an “as is” and “as available” basis. ITHU makes no representations or warranties with regard to the Site or any Materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Access to the Site is permitted on a temporary basis and we do not guarantee that the Site, or any Materials, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons at any time.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. ITHU’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Purchasing content, products or services on the Site

Any products purchased or supplied through the Site will be subject to our standard ITHU Terms of Sale. If you wish to purchase any content, products or services offered on this Site the ITHU Terms of Sale will apply to you. You will be asked to provide your name and email address and depending on the method of payment you will be asked to provide details of either your credit card or your mobile phone, all of which will be handled in accordance with your Privacy Policy. Access to certain content or products may be age restricted. Where any such restriction applies you will be asked to confirm that you are old enough to purchase the items or purchase and view the content as appropriate.

User conduct

You should not take any action which may corrupt, damage or impair the availability, accessibility and performance of the Site. You should not use our Site in any way which is illegal, unlawful, fraudulent, harmful, libellous, obscene or threatening. You should not post otherwise objectionable information of any kind, in any area of the Site including on message boards and in webchat areas. ITHU considers as constituting objectionable information any information which constitutes or encourages the breach of any intellectual property right including copyright whether such right is owned by ITHU or any third party.

You may not link our Site to any other websites without our prior written permission. If you would like to create a link to our Site, please contact us first at info@intotheheavyunderground.com to request permission. We expressly reserve the right to revoke any right which we grant to link to the Site, including for breach of any of these Terms of Use and to take any appropriate action.

We may take legal action if we discover any unauthorised use or misappropriation, misuse or infringement of our content, Site functionality, look and feel of the Site or taking any action to impair the goodwill of our trade names, trademarks or other intellectual property.

The following listed behaviours further constitute unacceptable conduct and a breach of these Terms of Use. In the event of such a breach, your right to use our Site will cease immediately.

  • Attempting to gain, interfere or gain unauthorised access or use of our Site or otherwise exploit, extract, screen scrape, data mine, data harvest, publish, distribute, or reproduce any part of our Site;
  • Attempting to gain unauthorised access to the server on which our Site is stored or any server, computer or database connected to our Site;
  • Attempting to attack our Site via a denial-of-service attack or a distributed denial-of-service attack;
  • Knowingly introducing computer viruses, spyware, Trojan horse, key stroke logger, worms, logic bombs, rootkit or any other material which is malicious or technologically harmful;
  • Using data collected from our Site for any unsolicited advertising, direct marketing, phishing activity of whatever nature.

You agree to compensate us for any loss, damage, cost or expense we suffer as a consequence of a failure by you to observe and comply with the conditions of these Terms of Use.

Intellectual property rights

The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, “Materials“) contained on the Site are protected by copyright and international laws. You may onlyl access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials (or authorise others to) for commercial gain, unless authorised by the appropriate copyright owner(s).

All rights in the Materials on the Site are either owned by ITHU or made available to ITHU under licence. You may view the Site and you are welcome to print hard copies of Material on it for you personal, non-commercial use. All other rights reserved.

Framing of the Site is permitted only with ITHU’s express agreement, and any stipulation on how the framing will be displayed or made available on any third party site shall be at ITHU’s sole discretion. ITHU reserves the right to withhold consent for any reason and any failure to monitor or control each instance of framing shalll not be considered a waiver of any of the ITHU’s rights. Any framing by a third party shall not imply the endorsement or sponsorship of ITHU.

User generated content

By uploading photos, images, or other content (“Content”) to the Site you grant ITHU a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to distribute, modify, run, copy, publicly perform, display, translate, and create derivative works of the Content for any purpose.

Privacy and data protection

Please read our Privacy Policy to help you understand how we use your personal data and protect your privacy. Whenever you provide ITHU with personal information, we will use it in accordance with our Privacy Policy.

Third party links and services

When we include links to other websites, on this Site and in our newsletters and other communications, we do so solely as a convenience to our visitors. These other websites are owned and operated by third parties (“Third Party Websites”). In each case, you should be aware that the Third Party Websites are independent of the Site and we have no control over them or their content.

Your use of any Third Party Website may be subject to specific terms and conditions which apply tho those websites. Third Party Websites are not subject to the terms of these Terms of Use or any other notices published on the Site. The inclusion of any hyperlinks to Third Party Websites on the Site does not mean that we approve or endorse those Third Party Websites. We accept no liability for any statements, information, products or services that are published on or may be accessible from Third Party Websites.

Operators of such linked sites may acquire personal information about you through registration procedures or other means and may use that information in accordance with their own privacy polices, over which we have no control. It is your responsibility to read the privacy policies of those websites, which may be different from our Privacy Policy, and decide whether to proceed. Your access and us of linked sites is solely at your own risk.


You should be aware that the internet is not a completely reliable transmission medium. If you choose to send any electronic communication to us, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. We assume no liability for any disclosure of data due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or missions beyond our reasonable control.


Nothing in these Terms of Use shall limit our liability for (1) death or personal injury caused by negligence; (2) fraud or fraudulent misrepresentation; and/or (3) any liability which is not permitted or excluded under applicable law.

It is a condition of our allowing you free access to the Site that neither we nor any of our employees, directors or members will be liable to you, whether in tort (including negligence), breach of contract, misrepresentation or otherwise howsoever, for any losses, damages, costs or expenses of whatever nature (including, without limitation, any consequential, indirect or unforeseeable loss, or loss of goodwill, business opportunity, anticipated savings of profit, or loss of data incurred or suffered by you or any third party arising out of or in connection with (1) your use of the Site or any Materials provided on or downloaded from the Site; (2) any computer virus transmitted through the Site; (3) your inability to use the Site at any time and any error in the provision of the Site; (4) your use of e-mail communication to contact us; or (5) any inaccurate information or opinions published on the Site or your reliance thereon.

Governing law

The Belgian law is applicable to the Site. In the event of a dispute, only the courts of the district of Diksmuide are competent.