Terms Of Use (Soccer Manager Elite BETA)

Issued by SOCCER MANAGER LTD

Last updated: August 2019

  1. INTRODUCTION
    • These are the terms and conditions (the ‘T&Cs’) Soccer Manager Ltd (‘we’, ‘us’, ‘our’, ‘SM’) use to govern the Soccer Manager Elite BETA (the “Game”). We’ve tried to keep them as short as possible, to help you understand how you can use the Game.
    • If you don’t want to or cannot agree to these T&Cs, then you must not buy (where applicable), download, use or play the Game. By buying (where applicable), downloading, installing, updating, using or playing the Game, or by clicking ‘accept’, ‘start’ or similar (where applicable), you agree to these T&Cs.
    • We may offer the Game through application and/or games stores including, without limitation, the Apple App Store and Google Play Store (each a ‘Store’). That means you need a Store account to play the Game, and your use of each Store is subject to the terms of use applicable to that Store (as may change from time to time).
  • You must be at least 18 years old in order to use the Game.
  1. SUMMARY
    • These T&Cs are a legal agreement between us and you, so please read it carefully.
    • These T&Cs describe how you are permitted to use the Game.
    • If you break these terms and conditions, we may stop you using the Game, contact you regarding your use of them or exercise other remedies that we have available to us at law or in equity.
    • The Game is provided on an ‘as is’ basis, and we make no (and hereby disclaim any and all) representations and warranties with respect to it, to the extent permitted by applicable law.
    • This Game is a BETA version for demonstration and evaluation purposes only and is therefore not yet complete. It may have errors, bugs or interruptions.
    • The Game, your progress in-Game, and your in-Game balances of Virtual Items (as defined in clause 6 below) can be changed or removed at any time and for any reason, at our discretion.
    • Virtual Items, including the in-Game currency, have no real-world value or application outside of the Game.
    • These T&Cs limit our liability as set out in clause 8 below.
    • These T&Cs may change from time to time. Please check back with us periodically to make sure that you’re aware of the latest version.
  2. WHAT YOU CAN DO
    • As long as you follow the rest of the terms and conditions in these T&Cs, you can use the Game in the following ways:
      • To play the Game. We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the relevant Game for your personal, non-commercial use for gameplay in accordance with these T&Cs. We do not grant you ownership of the Game itself.
      • To use upgrades, updates and additional Game-related content which we may make available from time to time (although we are not obliged to provide that or any updates, upgrades or support).
  1. WHAT YOU CANNOT DO
    • We use commercially reasonable endeavours to protect the Game and our users, and it is important that the Game is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct that violates the terms or spirit of these T&Cs.
    • The following sets out some of the things that you cannot do with the Game:
      • do not share, rent, resell, or make available copies of the Game (or any ‘hacked’ versions) or otherwise use the Game commercially in any way except as expressly permitted by law (such as under ‘fair dealing or ‘fair use’ laws);
      • do not cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, or use the Game in a way which is not within the spirit intended by our T&Cs or in a way which may harm the experience of other users of the Game;
      • do not modify or adapt the Game or hack, merge, translate, creative derivatives from the Game or our websites, mimic, disable the Game or our websites or tamper with them;
      • do not make public or commercial use, by any means, of the Game, products or services without our prior written consent;
      • do not provide hyperlinks to, or other forms of links to, our websites for obtaining profit or other commercial gain without our express prior written consent;
      • do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game;
      • where applicable, do not share any password or security information you use to access the Game with any other person;
      • do not delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trade mark notices or other legal lines or credits) notices in our Game;
      • do not do anything (or attempt to do anything) which might disrupt use of the Game by us or other users, or which could threaten, harass or upset other users of the Game or community; and
      • do not make anything available on or through the Game that violates the rights of third parties (including without limitation their intellectual property or privacy rights).
    • We may make codes of conduct and usage rules and guidance available to you, which may provide additional rules and guidance about your use of our Games. Our code of conduct for our ‘Soccer Manager’ game series is available here:soccermanager.com/code-of-conduct.php (https://www.soccermanager.com/code-of-conduct.php). We require that you comply with these rules so that we can properly operate our Game and to ensure that our users have a safe and fair experience. To the extent of ambiguity or conflict between a code of conduct and these T&Cs, these T&Cs prevail.
    • Please make sure you read these T&Cs carefully and understand them. If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
    • Please be aware that, if you breach these T&Cs, we reserve our right to suspend, terminate or otherwise take under review your licenses granted hereunder.
  2. THIRD PARTY Content in our Game
    • The Game may include third party website links and other third party materials such as posts, comments, videos, images and other content such as other user-generated content. We are not responsible for this content. We may moderate or otherwise check such content in some instances, but we are not required to do so. Depending upon the particular Game and the content involved, we may be solely a mere conduit for the transmission, storage and retrieval of the relevant content. In other words, we may not review content for its legality, tastefulness or its compliance with these T&Cs.
    • We rely upon a reporting system whereby players and users can report third party or user-generated content to us, such as because it is illegal content or as it is content which breaches these T&Cs. A reporting mechanism will be made available for these purposes in the Game, and you can also let us know by contacting us at:
    • Where we provide the functionality for you to upload any content, including any user generated content, to our Game such as, without limitation, posts, photos, videos, images, voice communications, text and other communications, comments or other content or files, you agree and undertake that the content:
      • is lawful and will not give rise to any actual or possible civil or criminal liability for you or for us and does not promote any unlawful or illegal activity (including without limitation in respect of the territory and local laws applicable where you may upload such content);
      • does not infringe the rights of any third party, including without limitation their intellectual property or privacy rights;
      • does not include any virus, worm, logic bomb, bug or any other form of malicious or technically harmful data, code, link or information;
      • is not violent, threatening, abusive, pornographic, defamatory, discriminatory, obscene or otherwise morally objectionable (in our reasonable opinion);
      • does not harass or defame any person or organisation;
      • does not commercially market or promote any third party, product or organisation;
      • does not seek to or attempt to make any arrangement to meet a child under the age of eighteen (18);
      • does not contain any restricted or security related content such as the passwords, medical information or confidential information of any person; and
      • does not solicit, encourage, invite, advocate, request or provoke directly or indirectly any of the foregoing or any illegal activity or breach of these T&Cs.
  1. PURCHASABLE CONTENT AND VIRTUAL ITEMS
    • In the Game you may, purchase a license to use certain virtual items, including but not limited to virtual goods, services, virtual coins, tokens, or points, all for use on or in the Game (‘Virtual Items’).
    • Virtual Items are licensed, not sold to you. On purchase, you are granted a limited, revocable, non-transferable, non-exclusive license to use the Virtual Items for your personal, non-commercial entertainment purposes in the Game. Upon your first receipt or use of any Virtual Item, the transaction is complete and non-refundable from us (subject to your statutory rights, as applicable).
    • We may keep records of transactions and purchases in order to deal with any subsequent queries, and for our accounting purposes. We are not a party to purchases you make from a platform or Store.
    • Virtual Items may be licensed to you when you make a purchase using funds in your in-Game account, or directly from platforms / Stores. Any attempt to obtain Virtual Items outside of the Game or our authorised platforms and websites is prohibited.
    • We may modify, regulate or remove Virtual Items without notice and at our discretion. Virtual Items have no real- world value or application outside of the Game or website, and must not be sold, traded, transferred or redeemed for real-money or items of value. You do not have any ownership or property in the Virtual Items other than the limited license described in these T&Cs, and you are not entitled to any refund, benefit, or other compensation for the loss of any Virtual Items other than as expressly set out in these T&Cs.
    • Trading any Virtual Items is prohibited except where we may make this functionality available to you on our Game or website. You will not make available any cheats, technological measures, or other methods designed to enable or encourage any collection, selling, or trading of Virtual Items. You may not create or participate in any exploitation of price differences of Virtual Items by any means.
  2. ADVERTISING
  1. OUR LIABILITY
    • Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in these T&Cs:
      • our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
      • if a paid-for Game or paid-for Virtual Item is faulty when we deliver it to you, we will try to repair or replace it;
      • if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid to use the Game (where applicable) or Virtual Item; and
      • if, as a result of the fault, the Game or Virtual Item damages your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
    • Other than as mentioned above, our overall liability to you is limited to the price you paid to use the relevant Game or, where no price was paid, £10.
    • The Game, along with any updates, upgrades and any additional content, are provided ‘as is’. That means we don’t make any promises to you about the Game other than that they will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about the Game.
    • We’ll use reasonable skill and care to provide the relevant Game, but can’t guarantee there won’t be any errors, bugs or interruptions to them, or that our Games will not cause any problems with your device.
    • The Game is a BETA version and is made available to you as part of an early access programme for evaluation and demonstration purposes only in order to assess and evaluate its performance including the identification of any errors or defects. You therefore specifically agree, acknowledge and accept that:
  • Please do let us know straight away if you discover any problems with the Game, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with a Game using the Game-specific email addresses available on our website: .
  • Any views expressed in the Gameare the views of the authors and not of us, unless we expressly specify otherwise.
  1. PRIVACY
    • Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
    • Please take care when disclosing any information about yourself on or through the Game. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information you choose to provide to other users, where the Game includes facilities for you to interact with others. We strongly recommend that you exercise caution, act sensibly and not disclose any information which you do not wish to have disseminated into the wider public internet. Any disclosures of your information by you to other users are made by you at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.
    • Our Game may provide functionality which includes scoreboards, leader boards and similar public, comparative score tracking / charting. Our Privacy Policy provides information about how your personal data is processed for these purposes, and information may also be provided or available on the Game. The Game may provide you with an in-service means to disable or not participate in such score boards. Where this is not available or where the Game relies upon such score boards in order to function, we may not be able to disable that functionality for your user account. If you have concerns about this or want to query whether it is possible for you to turn off this functionality for your user account for a particular website or Game, you can contact us at:
  2. INTELLECTUAL PROPERTY
    • All intellectual property rights in the Game, throughout the world belong to us and our licensors, and the rights in the relevant Game are granted to you by way of a limited license (and are not sold) to you. You have no intellectual property rights in, or to, the Game other than the right to use the relevant Game in accordance with these T&Cs on the applicable platform / Store and device. Except as otherwise expressly provided in these T&Cs, all rights are reserved by us and our licensors.
    • The Game, products and services may include intellectual property, or references, relating to third parties such as (without limitation) real world events, people, organisations, teams, clubs, places, stadia, companies and competitions. Such intellectual property is the property of the respective owner and we do not represent that we have a connection or any arrangement with such owner. We may make limited use of this intellectual property or reference for, for example, the purposes of providing information and/or to identify real world facts in an honest and fair way.
  3. STORE TERMS
    • The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent of in respect of using the iOS versions of the Game:
      • You, and SM, acknowledge that these T&Cs are concluded between you and SM only, and not with Apple Inc. (‘Apple’), nor any subsidiary or affiliate company of Apple Inc., (‘Apple’). You also acknowledge that we are solely responsible for the Game and the content therein.
      • Subject to your compliance with all conditions of these T&Cs we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the relevant Game for your personal, non-commercial use for gameplay on the compatible iOS product which you own or control, and as permitted by the usage terms and conditions set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support (https://www.apple.com/uk/legal/sales-support)).
      • We are solely responsible for providing support and maintenance for the Game. You and SM acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
      • You acknowledge that SM, and not Apple, is responsible for addressing any claims you may have relating to the Game or your possession and/or use of the Game, including but not limited to:
        • product liability claims;
        • any claim that the Game fails to confirm to any applicable legal or regulatory requirement; and
        • claims arising under consumer protection or similar legislation.
      • You acknowledge that in the event of a third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, then SM shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
      • You confirm that:
        • you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and
        • you are not listed on any US Government list of prohibited or restricted parties.
      • You acknowledge and agree that Apple are third party beneficiaries of these T&Cs, and that when you accept the terms and conditions of these T&Cs, Apple will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.
    • The ways in which you can use the Game may also be controlled by the relevant Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of these T&Cs and the relevant Store’s terms from which you purchased (where applicable) or installed the Game, the Store’s terms shall prevail to the extent of the conflict.
  4. OPERATING SYSTEM AND DEVICE REQUIREMNENTS
  1. TERMINATION AND SERVICE OUTAGE
    • We may temporarily discontinue the Game, Virtual Items, and any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
    • We may end your rights to use the Game at any time in the event that you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for a Game or for Virtual Items, content or services in connection with a Game and your rights have been terminated in accordance with this clause because of your breach of these T&Cs, we will not refund you.
    • We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of the Game or Virtual Item. If your use of the Game (including without limitation the Virtual Items therein) was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the Game or for Virtual Items, content or services in connection with a Game, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (for example, where you have had access to the paid-for Virtual Items for over three (3) months in a Game). Where you have not had a reasonable period of opportunity to enjoy the paid-for Game or paid-for Virtual Items, we may offer you a partial or full refund.
    • Upon termination of your account / profile for any reason, any in-Game or website rankings or scores, Virtual Items, including virtual currency balances (whether earned or purchased), or scores or information in connection with the Game services will not be retained or accessible. These may not be recoverable by us once they are deleted or made inaccessible.
  2. GENERAL
    • These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.
    • We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don’t use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the Game(s) that rely on our ongoing online services then the new T&Cs will apply.
    • We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.
    • Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.
    • Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • These T&Cs are governed by English law and you can bring proceedings in respect of the relevant Game or these T&Cs in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the relevant Game in either the Scottish or the English courts.
  3. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION
    • Should you have any queries or complaints, please get in touch via the contact information set out in clause 16 below.
    • Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
  4. COMPANY AND CONTACT INFORMATION

In these T&Cs, ‘we’, ‘us’ and ‘our’ refers to:

Soccer Manager Ltd, Shorrock House 1 Faraday Court, Fulwood, Preston, Lancashire, PR2 9NB

Visit: www.soccermanager.com/contact.php (https://www.soccermanager.com/contact.php) to see our different contact emails for game-specific support. You can also reach us generally at [email protected] (mailto:[email protected]).

© 2019 SOCCER MANAGER LTD. All Rights Reserved.

简体中文EnglishFrançaisDeutschItaliano日本語한국어PortuguêsEspañol