GOLD TOWN GAMES END USER LICENCE AGREEMENT
GOLD TOWN GAMES END USER LICENCE
AGREEMENT (EULA)
Date of Last Revision: 20 May 2018
IMPORTANT NOTICE:
The following end user licence terms ("EULA") apply to all use,
download and installation of each version of World Hockey Manager, World Football Manager, FIH Hockey Manager and Blitz Football Manager
("the Game”).
Please read this EULA carefully before using the game and if you have
any concerns regarding this document please contact
support@goldtowngames.com.
YOU SHOULD READ THE FOLLOWING EULA CAREFULLY, BEFORE
USING, DOWNLOADING OR INSTALLING THE GAME. ALL USE OF
THE GAME IS GOVERNED BY AND CONDITIONAL ON YOUR
ACCEPTANCE OF AND COMPLIANCE WITH THIS EULA. ANY USE,
REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT IN
ACCORDANCE WITH THE TERMS OF THIS EULA IS EXPRESSLY
PROHIBITED. IF YOU DO NOT ACCEPT THE TERMS OF THE GAME
EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE GAME.
1.1 This game and any accompanying online or electronic
documentation or artwork has been produced by and is the property of
Gold Town Games AB company number 559000-7430. In this document
also referenced as “we” and “ous”.
1.2 THE TERMS AND CONDITIONS BELOW SET OUT THE
AGREEMENT BETWEEN YOU ("you") AND US FOR THE
DOWNLOAD, INSTALLATION AND USE OF THE GAME (AND ANY INAPP
PURCHASES, COMPETITIONS, CONTENT AND SERVICES) SO
PLEASE READ THIS CAREFULLY.
1.3 BY DOWNLOADING AND USING THE GAME YOU ARE
AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS
EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
EULA YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE
GAME.
2. IMPORTANT TERMS
2.1 ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE
GAME EXCEPT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY
PROHIBITED.
2.2 THIS EULA LIMITS OUR LIABILITY AS SET OUT IN CLAUSE 11
BELOW.
2.3 IF YOU ARE UNDER THE AGE OF 16 YOU MUST GET YOUR
PARENT OR GUARDIAN’S PERMISSION TO DOWNLOAD, INSTALL
AND USE THE GAME.
3. THIRD PARTY SERVICES
3.1 We may link to, incorporate or use third party software and services
such as social networking or sharing features within the Game. Use of
any such software or services is subject to the terms of those third
parties, and you agree to comply with any such third party terms and
conditions when using the Game.
4. YOUR USE OF THE GAME
4.1 By downloading and installing the Game, you confirm that you are
either over 18 years of age, or if you are under 18 years old, that you
are 13 years of age and older and you have obtained your parent or
guardian’s consent to download, install and use the Game subject to this
EULA which they have read.
4.2 As a condition of using the Game, our Privacy Policy shall apply. You
confirm that you have read the Privacy Policy so that you understand
how we collect personal and non-personal data. All data that we collect
is used to understand and improve your use of the Game, and to
provide the functionality of the Game to you as otherwise set out in the
Privacy Policy.
4.3 Subject to the privacy settings in the Game as set by you, we may
send you push notifications to your device whilst the Game is installed
and including whilst the Game is not running in the foreground or in the
background.
4.4 You acknowledge that we have no control over how other users use
the Game and therefore we have no control over the quality of
information posted on the service. Accordingly we give no warranties or
representations with respect of the accuracy or reliability of any content
made available via the Game and the service generally.
5. OWNERSHIP OF THE GAME AND CONTENT
5.1 Unless otherwise expressly specified, all right, title, interest and
ownership rights and any copyright, design right, database right, patents
and any rights to inventions, know-how, trade and business names,
trade secrets and trade marks (whether registered or unregistered) and
any applications therefor and other intellectual property rights (together
"Intellectual Property Rights") in the Game and the Game content,
including but not limited to all musical samples, text, software, scripts,
code, designs, graphics, photos, sounds, music, videos, applications,
interactive features and all other content ("Content") belong to us. All
rights are asserted and reserved, save for those granted under this
EULA.
5.2 You are not sold the Game or any Content but, subject to your
compliance with all conditions of this EULA, we grant you a nonexclusive,
personal, revocable, non-transferable licence to use the
Game and Content for your lifetime on devices which you own or control
and which have the necessary specifications to run and operate the
Game.
5.3 All third party trade names and trade marks are the property of their
respective owners and we make no warranty or representation in
relation thereto. More specifically, we do not claim or assert any right
title or interest in any third party communications or any information or
data contained in the Game that refers to real world events, people,
organisations, teams, clubs, places, stadia, companies, or competitions
("Real World Data").
5.4 All Real World Data and all rights in Real World Data are the
property of their respective owners and we do not have and do not
represent any connection or association with any Real World Data or
any subject of any Real World Data.
5.5 If you are a rights owner (or agent acting for a rights owner) and
believe that any content made available through the Game infringes
your intellectual property rights and you wish us to remove it or suspend/
disable access to it, please send a notice by email to
support@goldtowngames.com with "Intellectual property rights" in the
email subject line. In your email you must set out the following
information: Details of the content you claim is infringed, together which
sufficient information for us to identify the content within the Game.
6. ACCOUNTS
6.1 You need to set up an account in order to use and access the Game.
To set up an account you will need to register by submitting certain
information and choose a username and password.
6.2 The username and password chosen by and issued to you upon
registration with us is personal to you and shall not be disclosed to any
third party without our prior written consent.
6.3 You agree, accept and understand that:
6.3.1 you will ensure information held about you by us is accurate and
up to date and that you can amend your registration details at any time
by writing to us at support@goldtowngames.com;
6.3.2 you are and shall remain responsible for maintaining the
confidentiality of your account credentials;
6.3.3 you are solely liable for any use of the Game using your account.
6.3.4 The name you have signed up with will be part of the game
storyline and will be visible to other players.
7. ONLINE SERVICE
7.1 We may, but shall not be obliged to, provide and maintain certain
online functionality, online network play connectivity and interactivity and
other online features relating to the Game ("Online Service") subject to
the terms and conditions of this EULA. In connection therewith the
following additional terms in this clause 9 shall apply.
7.2 We will not be liable in any amount for failure to perform any
obligation under this EULA if such failure is caused by the occurrence of
any unforeseen contingency beyond its reasonable control including
without limitation Internet outages, communications outages, fire, flood,
war.
7.3 Except as expressly provided above there are no other warranties,
conditions or other terms, express or implied, statutory or otherwise, and
all such terms are hereby excluded to the maximum extent permitted by
law, and subject to your mandatory consumer rights.
7.4 To the maximum extent permitted by law, and save as expressly
provided in this EULA, we give no warranty in connection with the
Online Service and exclude liability for any loss or damage of any kind
howsoever arising, including without limitation any direct, indirect,
punitive or consequential loss whether or not such arises out of any
problem you notify to us and we shall have no liability to pay any money
by way of compensation, including without limitation all liability in relation
to:
7.4.1 the availability of the Online Service;
7.4.2 any incorrect or inaccurate information on the Online Service and
all errors, interruptions to or delays in updating the Online Service;
9.4.3 the infringement by any person of any Intellectual Property Rights
of any third party caused by their use of the Online Service;
7.5 We cannot guarantee that the Online Service or a particular part of
the Online Service or any Contributions (as defined in clause 10) will
always be available.
8. COMMUNICATIONS
8.1 The Game may allow you and other users of the Game to send
communications to us or third parties or contribute content of your own
for use in the Game or otherwise by us or third parties (each a
"Contribution"). To the extent that such Contributions are permitted by
the Game, it is an information and entertainment service and ancillary to
this we are involved in the transmission, storage, retrieval, hosting,
formatting or translation of third party communications without selection
or alteration of the content of the communication, for which the Game is
a mere conduit. By installing or using the Game you agree we have no
responsibility to review the content of any Contributions and that all
Contributions are made available on the basis that we are not required
to and do not exercise any control or judgement in respect of their
content. For the avoidance of doubt, the views expressed in any
Contributions are the views of the individual authors and not those of us
unless expressly specified otherwise by us.
8.2 We shall be entitled to remove, restrict, suspend or alter any user
account and any Contribution (and the ability to share or create
Contributions) for any reason in our discretion including, without
limitation, because conduct or content associated with such account or
Contributions might be unacceptable as described in this EULA.
8.3 You agree we may use, publish, edit, modify and adapt the
Contributions you make available, or post to or transmit to the Game
("Your Contributions") for any and all purposes relating to the Game and
our business and you hereby grant us an irrevocable, sub-licensable,
unrestricted non-exclusive right and licence and all necessary
permissions, consents and licences required for us to use Your
Contributions in that way. You further waive all so called moral rights in
Your Contributions.
8.4 To the extent that Your Contributions are derived from the Game or
material provided by us you hereby assign to us all intellectual property
rights subsisting in Your Contributions which are owned by you.
8.5 You agree and undertake that you are entitled to make available, or
post to or transmit to the Game Your Contributions and to grant us those
rights set out in clause 8.3, and will not make available, or post to or
transmit to the Game any statement, material or other Contributions, nor
use the Game in any way, that:
8.5.1 is abusive, seditious, pornographic, aggressive, homophobic,
defamatory, libellous, untrue, hateful, discriminatory, obscene,
inflammatory or racist;
8.5.2 harasses, bullies or intimidates any person;
8.5.3 involves exploitative behaviour, through but not limited to, third
party programs, bots, scripts or other means which are reasonably
prohibited by us from time to time, or which take advantage of bugs,
unintended errors, or features that have not been documented, to
access restricted parts of the Game or gain an unfair advantage;
8.5.4 involves selling or trading your Game account or characters, or
dealing or trading in currency (whether or not this occurs inside or
outside of the game for in-game items) or which otherwise constitutes
activity which we reasonably deem against the "spirit" of the Game;
8.5.5 encourages any violation of this EULA or of a TPSP’s terms of
service;
8.5.6 is unlawful, malicious, misleading (including impersonation),
discriminatory or which gives rise to civil or criminal liability or which
might call us or the Game into disrepute;
8.5.7 infringes upon the intellectual property or other rights of any third
party or facilitates or encourages such infringement or entails the
distribution of any player’s personal information (other than your own, as
a private message);
8.5.8 is technically harmful such as the introduction of computer viruses,
worms, logic bombs or other malicious software or harmful data, or
otherwise attempts to or actually does modify or interfere with the Game
or overburden or disrupt any computer or server used by the Game;
8.5.9 may be deemed a marketing or commercial communication;
8.5.10 promotes any illegal or unlawful activity including but not limited
to solicitation, gambling or the sale of prescription medicines;
8.5.11 is aimed at persons under the age of 18 or which seeks or
attempts to make any arrangement to meet a person under the age of
18;
8.5.12 contains any restricted material, including but not limited to
passwords, medical information or confidential information of any
person;
8.5.13 constitutes, in our reasonable opinion, cheating or misuse of the
Game, or an attempt to gain unauthorised access to the Game or parts
thereof, or to the accounts of other users or networks or devices; or
8.5.14 solicits, invites, encourages, advocates, incites or provokes any
or all of the foregoing.
8.6 If you discover Communications which you believe contravene the
EULA please notify us via the email address
support@goldtowngames.com.
8.7 In the event that you breach any provision of this EULA we may
suspend your access to the Game or part thereof.
9. VIRTUAL GOODS
9.1 This clause applies insofar as the Game permits you to use a third
party payment mechanism such as Google Play IAP and Appstore IAP
to obtain virtual in-game items ("Virtual Items").
9.2 Purchases of Virtual Items are subject to the terms of any TPSP
through which your purchase is made. To the extent that this clause 9
conflicts with such agreement between you and the relevant TPSP in
respect of your purchase of Virtual Items, the terms of your agreement
with the TPSP shall prevail.
9.3 To cancel a purchase you can request a refund through the platform
on which you made that purchase.
9.4 You understand and agree that Virtual Items have no cash or
redemption value and your licence to use them will be suspended and/or
terminated if you are denied access to your account or your account is
shut down, frozen or terminated for any reason in accordance with this
EULA and we shall have no obligation to make any refund or otherwise
compensate you in any amount under such circumstances unless
expressly indicated otherwise, and subject to your mandatory consumer
rights.
10. INDEMNITY / COMPENSATION
10.1 You agree to indemnify (compensate) us and keep us indemnified
from and against all claims, damages, expenses, costs and liabilities
(including legal fees) relating to or arising from your use of the Game or
arising from any breach or suspected breach of this EULA by you or
your violation of any law or the rights of any third party.
10.2 You further agree that we would be irreparably damaged if the
terms of this EULA were not specifically enforced, and therefore you
agree that we shall be entitled, without bond, other security, or proof of
damages, to appropriate equitable remedies with respect to breaches of
this EULA, in addition to such other remedies as we might otherwise
have available under applicable laws.
11. TERM AND TERMINATION
This EULA takes effect upon your download, installation and/or use of
the Game and remains effective until terminated by either of us. You
may terminate this EULA at any time by deleting all copies of the Game
from devices on which you have installed it. The EULA shall
automatically terminate if you fail to comply with any term or condition of
this EULA. Upon termination you shall cease all use of the Game and
delete all copies of the Game.
12. SUPPORT AND CONTACTING US
12.1 The Game is provided "as is". However if you need any help and
support please email info@undergroundcreative.com and we shall
endeavour to assist you.
13. OUR LIMITATIONS OF LIABILITY
13.1 THE GAME (INCLUDING ANY VIRTUAL ITEMS) IS PROVIDED
‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY
REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND
OTHER THAN THAT IT WILL BE OF SATISFACTORY QUALITY, AS
DESCRIBED, AND FIT FOR PURPOSE.
13.2 WE DO NOT GUARANTEE THAT THE GAME WILL BE (I) FREE
OF ERRORS OR BUGS OR OTHER DEFECTS; OR (II) THAT THE
GAME OR ANY INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THE GAME OR IN THE ACCOMPANYING
DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III)
THAT ANY DEFECTS IN THE GAME WILL BE CORRECTED; OR (IV)
THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED.
13.3 WE SHALL HAVE NO LIABILITY IN RESPECT OF THE
CONTENT, TRANSMISSION, RECEIPT, HOSTING, PROCESSING OR
OTHER USE OF ANY CONTRIBUTION.
13.4 YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE
ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
13.5 NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR
LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR
DEATH OR PERSONAL INJURY RESULTING FROM OUR
NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.
13.6 TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING
IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER
LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY
OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM (SAVE TO
THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL
CONTENT WHICH YOU OWN IS CAUSED BY THE GAME AS A
RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL
IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR
WE MAY BE OBLIGED TO REPAIR YOUR DEVICE).
13.7 NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY
CONSUMER RIGHTS AND THIS EULA MAY BE INTERPRETED
ACCORDINGLY BY DEEMING IT TO INCORPORATE THE MINMUM
NECESSARY CHANGES TO GIVE EFFECT TO YOUR LOCAL
STATUTORY CONSUMER RIGHTS.
13.8 YOU ACKNOWLEDGE THAT THE GAME HAS NOT BEEN
DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND
THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT
THE FACILITIES AND FUNCTIONS OF THE GAME MEET YOUR
REQUIREMENTS.
13.9 OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE
CAN NOT EXCLUDE IT, WHERE PERMISSABLE BY LAW, SHALL BE
LIMITED TO THE PURCHASE PRICE OF THE GAME OR ANY IN-APP
PURCHASES MADE FROM US BY YOU IN THE 3 MONTHS
IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CAUSE
OF ACTION AROSE. IN THE EVENT THE FOREGOING IS DEEMED
UNREASONABLE BY A COURT OF COMPETENT JURISDICTION,
YOU AGREE THAT OUR LIABILITY IS CAPPED AT £10.
13.10 IN THE EVENT THAT TPSP REFUNDS YOU THE PURCHASE
PRICE AND/OR IN-APP PURCHASE PRICE (IF APPLICABLE) IN
ACCORDANCE WITH THE TERMS OF SALE OF THAT TPSP, THEN
BOTH THAT TPSP AND WE WILL HAVE NO FURTHER WARRANTY
OBLIGATION WHATSOEVER WITH RESPECT TO THE GAME, AND
ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR
EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM WITH
THE WARRANTIES SET OUT IN THIS EULA OR OTHERWISE
IMPLIED BY LAW. AS A CONDITION OF THE REFUND, YOU ARE
REQUIRED TO DELETE THE GAME.
14. RESTRICTIONS
14.1 You may only use the Game for your personal, private and noncommercial
use, and you agree not to:
14.1.1 hack, attempt to hack, modify, adapt, merge, translate,
disassemble, decompile or reverse engineer or create derivative works
out of the Game or any information contained in it, to the fullest extent
permitted by applicable law;
14.1.2 make the Game available to any third party;
14.1.3 use or deal in the Game except as permitted by these terms and
conditions;
14.1.4 include contact details intended to facilitate communication
outside of the Game, in any Contribution;
14.1.5 use your access to the Game, or information gathered from it, for
the sending of unsolicited bulk email;
14.1.6 make any public or commercial use of the Game without our prior
written consent;
14.1.7 display, publish, copy, print, post or otherwise use the Game and
the information contained therein for the benefit of any third party or web
site without our prior written consent;
14.1.8 use the Game and any Contributions nor process or use the
information contained on or within the Game unfairly or for any illegal or
immoral purpose;
14.1.9 use the Game and any Contribution nor process or use the
information contained on or within the Game for any commercial or
business purpose;
14.1.10 sell, distribute, reproduce, transfer, publicly display, translate,
modify, adapt, create derivative works from, deconstruct, reverse
engineer, decompile or disassemble, rent, lease, loan, sub-license or
otherwise deal in copies or reproductions of the Game or Content in any
way except as expressly permitted by this EULA;
14.1.11 remove, delete, obscure, disable, modify, add to or tamper with
any program code or data, copyright, trade mark or other proprietary
notices and legends contained on or in the Game or the Content;
14.1.12 create software which replicates or mimics any data or
functionality in the Game;
14.1.13 remove, disable or circumvent any copy protection software
contained on or within the Game or Content;
14.2 Notwithstanding clause 14.1 you may reverse engineer, decompile
or disassemble the Game only insofar as you are entitled to do so by the
Copyright, Designs and Patents Act 1988 or other applicable law.
14.3 All works or copies of works arising from activities permitted by
clause 16.2 shall belong to, vest in and be the exclusive property of us
upon creation, and you shall permanently delete all such works in your
possession or control immediately once you have concluded those
activities.
15. CHANGES TO THIS EULA
15.1 We may change this EULA for any legal, regulatory or security
reasons, or for any other reason we reasonably decide, including
without limitation, where such change is required or encouraged by a
TPSP. We will notify you of any changes and you will be required to
accept the changes to continue to use the Game.
16. SEVERANCE
16.1 If any provisions of this EULA are held to be invalid or
unenforceable, the remaining provisions will remain in full force and
effect.
17. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION
17.1 Should you have any queries or complaints, please get in touch at:
support@goldtowngames.com.