GMG and Playfire Terms & Conditions
TERMS AND CONDITIONS OF USE
Please read these terms and conditions carefully. These terms and conditions govern and apply to all and any use, access and availability of the Service provided at greenmangaming.com and playfire.com. By accessing the Service you signify you that you have read, understand and agree to be bound by these terms and conditions whether or not you have a registered account. You can use the Service through one registered account.
- “greenmangaming.com” is an online digital distribution and entertainment platform, owned and operated by GMGL available at or using www.greenmangaming.com, which allows customers to buy and re-sell digital and physical games for use on specified hardware platforms;“playfire.com” is a global community for gamers owned and operated by Playfire available at or using www.playfire.com, which allows you to interact with other Users, track your gameplay, see what your friends are playing and rewards you for your playing; “Service” means:
- the online digital distribution, physical distribution E-commerce and entertainment platform owned and operated by GMGL and available at or using greenmangaming.com, affiliated or partner web sites through which Games are made available and / or the Client Software, with all related Communications, services, software programs and materials; and / or
- the online social network which allows users to gamers to track their game statistics, see what your friends are playing and rewards you for playing games available at playfire.com, affiliated or partner websites together with related Communications, services, software programs and materials; “GMGL” means Green Man Gaming Limited and all subsidiaries of Green Man Gaming Limited; “Playfire” means Playfire Limited, which is a wholly owned subsidiary of Green Man Gaming Limited; “We, Us, Our” means both GMGL and / or Playfire together as the context permits or requires; “Client Software” means the software program and materials made available by GMGL or Playfire which may be installed on a suitable computer in order to access and use the Service, together with any on-line or electronic documentation and all patches, updates and supplements thereto.
“Communications” means any content, materials, postings, data, messages and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using greenmangaming.com or playfire.com; “Game” or “Games” means those computer or console games, digitally available which are or may be purchased and / or downloaded using the Service and resold to or through greenmangaming.com in accordance with these terms and conditions and used in accordance with the applicable Game EULA; “Game EULA” means the end user licence agreement applicable to a Game;
“Physical Games” means versions of a Game which are stored on physical media including on disc, cartridge and CD Rom;
“Products” means Physical Games, merchandise, accessories and other physical products. By using the Service each time you do so, you are telling Parties that you understand, accept and are able to accept these terms and conditions and agree to be bound by them. If you do not accept or understand these terms and conditions you should not use or access the Service or any part of them. By using and accessing the Service you confirm that you have the necessary hardware, software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. We shall have no liability in relation to any hardware, software or other services required to make use of the Service.
If you are under the age of 18 years and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you. We reserve the right, at Our sole discretion, to change, modify, add, or delete portions of these terms and conditions of use at any time without further notice, so you should check these terms regularly. Your continued use of playfire.com or greenmangaming.com will be deemed acceptance of the updated or amended terms and these variations shall become effective immediately upon being accessible. If you do not agree to the changes, you should cease using the Service at playfire.com or greenmangaming.com. If there is any conflict between these terms and specific local terms appearing elsewhere on playfire.com or greenmangaming.com then the latter shall prevail.
REGISTRATION, ACCOUNT AND PASSWORD
In order to use and access the Service you will need to register. To register you will need to submit certain information and choose a User Name and a Password.
The User Name and Password chosen by and issued to you upon registration with the Service is personal to you so that you can use and access the Service and must not be disclosed to any person without Our prior written consent.
You agree, accept and understand that:
- We consider one account per individual / house hold as 'fair use', and reserve the right to ban (deactivate) any user who is in possession of more than one/multiple accounts;
- You must ensure that all information held about you by Us is up to date;
- You can amend your registration details at any time through the Service (as appropriate);
- You are and shall remain responsible for maintaining the confidentiality of your User Name and Password;
- You are solely liable for any use of the Service using your User Name and Password whatsoever.
DO NOT SHARE YOUR USER NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR LOGIN ID, USER NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY. IF YOU THINK YOUR LOGIN ID, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED YOU MUST INFORM US IMMEDIATELY.
You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify Us (as appropriate) against any loss or damage incurred by Us and any third parties who may suffer damage as a result of the information that you have supplied.
RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
Subject to these terms and conditions and your compliance with them, We grant you a non-exclusive, non-transferable, personal, limited license to access and use the Service solely for your private, non-commercial, personal use only.This license includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of the Service and the right to download, install and use the Client Software in accordance with these terms and conditions and the applicable Client Software End User License Agreement.You may not transfer, sub license or deal in this right without prior written permission.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership in any part of the Service or any copyright or other intellectual property rights subsisting in it.
Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in the Service belong to and vest in or are licensed by Us (as appropriate). All Our intellectual property rights are hereby asserted and reserved.
All third party trade names and trademarks are the property of their respective owners and We make no warranty or representation in relation to them. We do not claim or assert any right title or interest in any third party Communications.
RESTRICTIONS AND OBLIGATIONS
You agree to comply with all rules applicable to the use of the Games purchased through the Service including but not limited to the applicable end user license agreements. Notwithstanding any other provision of these terms and conditions you agree and undertake not to:
- hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them;
- remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
- create software which mimics any data or functionality in the Service;
- use or deal in the Service except as permitted by these terms and conditions;
- include contact details intended to enable communication outside of the Service, in any Communication;
- use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
- make any public, business or commercial use of the Service or any part of them;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without Our (as appropriate) prior written permission;
- use or process the Service or any part of them unfairly or for any illegal or immoral purpose;
- delete or obscure any copyright or other proprietary notice on the Service.
- The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of the Service and you expressly consent to Our monitoring your computer’s random access memory for said unauthorized third party programs.
FORUM AND COMMUNICATIONS
The Service consists of an online digital distribution and entertainment service and ancillary to this We are involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which it is a mere conduit. The Service also consist of an online gaming service and ancillary to this Playfire is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which it is a mere conduit. The views expressed in any Communications are the views of the individual authors and not those of uUs unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any Communications. By using the Service you acknowledge that We have no responsibility to review the content of any Communications and that all Communications are made available on the basis that We are not required to and do not exercise any control or judgement of the content. Notwithstanding the foregoing We shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
You agree that We may use, publish, edit, modify and adapt your Communications for any and all purposes relating to the Service and Our business and you hereby grant Us an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for them to use your Communications in that way. You further waive all so called moral rights in your Communications.
You agree and undertake that you will not make any Communication or post to or transmit to the Service any statement or material, nor use the Service in any way, that:
- is unlawful or which gives rise to civil or criminal liability;
- promotes any illegal or unlawful activity;
- infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
- includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
- is abusive, pornographic, defamatory, discriminatory or obscene;
- harasses any person;
- markets or promotes any third party;
- interferes with another user's use and enjoyment of the Service;
- impersonates any moderator, administrator or any staff or other persons connected with Us;
- infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity;
- includes restricted / password protected content or materials;
- exploits any other person;
- is disruptive or offensive or is just generally mean-spirited such as including spoilers;
- solicits passwords or personal information;
- provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- tries to gain unauthorized access to any computer, servers or any part of the Service including its servers, network and the computers of other users;
- tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the Service;
- engages in or solicits commercial activities or sales without Our’ prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;
- refers to any material that is inappropriate;
- seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing. If you discover any material which you believe contravenes these terms and conditions please inform either Us or a forum moderator with details of the page you found it on.
It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any website. By using the Service and its services you accept that this is the case and accept that you therefore use the Service at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL
INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
You acknowledge and agree that, if necessary, We will communicate with you via the email address you have provided. Notices that are applicable to all Our customers shall be made available on the Service websites or otherwise within the Service. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on Our websites or within the Service.
All emails sent by Us and attachments thereto are intended for the addressee only.
GMGL provides and maintains the Service for personal entertainment on an “as is” basis and is liable only to provide its services with reasonable skill and care.
External Sites have not been verified or reviewed by Us and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which the Service link.GMGL gives no other warranty in connection with the Service and to the maximum extent permitted by law, GMGL excludes liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which We have been made aware of;
- the accuracy, currency or validity of information and material contained within any Communications or the Service;
- any interruptions to or delays in updating the Service;
- any incorrect or inaccurate information on the Service;
- the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of the
Service; - the availability, quality, content or nature of External Sites; - any transaction involving External Sites; - any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication; - all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
We do not warrant that the operation of the Service will be uninterrupted or error free.
We will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of the Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Service.
You agree that you are and shall remain responsible for maintaining the confidentiality of your Password and User Name and for all activities that occur under your account.
You hereby indemnify, defend and hold Us and Our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorney’s fees) incurred by the
Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of the
Service, any Communications and any use of your user account. You shall use your best efforts to cooperate with Us in the defence of any claim. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Without limiting to any other rights it may have We may remove, restrict, cancel or suspend access to and use of the Service and any part of it, if We consider (in sole discretion) that you have breached of any of these terms and conditions or if it is reasonable to do so.
You may purchase Games (i.e downloadable games) and Products (physical copies of a game and merchandise) through the Service as follows:
- When you place an order for a Game or Product ("Order") this will be deemed an offer to buy the Game or Product for the price stated, subject to these terms and conditions.
- After you have submitted your Order GMGL will send you an e-mail to confirm that it has received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that GMGL will be able to meet your Order.
- In the case of Games, once GMGL has sent the confirmation email GMGL will (if the Game is available) make the Game available for download by you. Once you have started to download the Game then a binding contract will exist.
- In the case of Products once GMGL has sent the confirmation email GMGL will (if the Product is available) send the product to the address stated in the Order process.
- After you have submitted your Order GMGL will send you an e-mail to confirm that it has received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that GMGL will be able to meet your Order.
The use and purchase of all games (digitalGames and physical versions of Games) purchased or downloaded through the Service shall be subject to the end user licence terms available at www.greenmangaming.com/eula, which shall be deemed incorporated into any purchase and by purchasing or downloading any Game you are deemed to accept them.
Purchasing a game via a proxy server or VPN, will result in the loss of the purchase and We will not issue a refund.
Downloads via Capsule will be adversely effected and may not work at all if used in conjunction with a proxy server or similar technology. In the event that downloads are not possible due to the continued use of a proxy server or similar technology customers will NOT be eligible for a refund.
PRICE AND PAYMENT
- Payment is due from the moment an Order is accepted.
- Payment may be made as set out on the payment page of the Service, by credit card, debit card or any other such method as GMGL may introduce in its sole discretion.
- GMGL aims to debit money from your account within three working days after receiving your Order.
- GMGL reserves the right to accept or refuse any payment made in any form.
- Prices are quoted in UK pounds, Euros or US Dollars depending on your geographical location. You must pay in the currency in which the price is quoted.
Physical Games and accessories (consoles and bulky items are sent via Our Courier Service. Your order should arrive within 3 – 5 working days of dispatch (Standard Parcels items 5 working days)). - Once the goods have been delivered to you, you will hold them at your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to you. - All Order details and invoices will be sent to the credit card billing address and not the delivery address where they differ. - We will only deliver orders for a new customer, to the address of the registered credit card or PayPal account. Subsequent orders may be delivered to an alternative address, at the discretion of GMGL. - Your statutory rights are unaffected by these terms and conditions. - The Help Section tells you how to download and pay for Games.
RETURNS, REFUNDS AND CANCELLATION
- The purchase of a Game through the Service is a service that commences when you or GMGL commence the download of the Game to your computer, following which you shall not be entitled to cancel your Order.
- If you cannot use a Game due to an error or fault, please contact GMGL as set out below and GMGL will endeavour to provide you with a replacement version to download and if GMGL is unable to do so you may be entitled to a refund.
- Full details of our Refund and Returns policy can be found at the following address http://www.greenmangaming.com/about/refund-policy/
- If you change your mind about a Product at any time within 14 working days of delivery of the Product to you, you may cancel your Order and receive a full refund PROVIDED THAT you notify Us within that time and return the Product to GMGL in its original condition, unused and with its original packaging.
- In the event a Product is faulty or defective, please contact GMGL as set out below and GMGL will provide you with a replacement copy or a refund.
IMPORTANT: GMGL tries very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur.
- If GMGL discovers an error that affects you, GMGL will notify you as soon as possible.
- In those circumstances GMGL reserves the right to cancel or suspend a transaction until the error is corrected and will use all reasonable efforts to ensure the same error does not reoccur and that it is rectified as quickly as possible.
- GMGL may cancel any Order or sale and not supply the applicable Game or Product if it is reasonable to do so (including without limitation in the event of mistake). GMGL may also change or discontinue the availability of any Games or Products at any time in its sole discretion.
- Further information on refund policy is available under www.greenmangaming.com/about/refund-policy
PRICE-MATCHING AND PRE-ORDER POLICIES
- When it’s possible GMGL will strive to match Our competitors on all products on their base sale prices.
- GMGL will not offer customers credit, partial or whole refunds after any sale if a game should be listed at a lower price at a later time. VOUCHERS, CREDITS AND OFFERS
- Unless otherwise specified, vouchers will work one time only per customer, although multiple products may be purchased using a single voucher.
- During a promotion where GMGL publishes a voucher for Games, certain titles and platforms may not included in the offer.
- GMGL reserves the right to remove, edit or expire any voucher at any point.
In the event that you receive any credit, voucher or offer for the purchase of any Order and you subsequently cancel any such Order if you have redeemed or applied any such credit, voucher or offer GMGL reserves the right to deduct the value of such credit, voucher or offer from monies received from you.
LIABILITY & DISCLAIMER
So far as the law permits, We disclaim all representations, terms, conditions and warranties (including those relating to satisfactory quality, merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer viruses) relating to products provided to you by GMGL. So far as the law permits, We will not have any liability to you (whether or not caused by negligence) relating to products provided to you by Us for any indirect, special, incidental or consequential damages. This includes loss of data, loss of income or profit, loss of goodwill, damage to reputation, damage to computer software and other computer or storage systems.
TRADE IN TERMS AND CONDITIONS
Physical Games – General
GMGL’s Trade-In service is only available to users of the Service who are registered.
In confirming the price offered to you for your Physical Games Trade-In, you will need to tick the box indicating that you accept these terms and conditions. If you do not tick this box you will not be able to submit your Physical Games for Trade-In to GMGL.
By submitting Physical Games for Trade-In, you are warranting and promising that you have all rights, title and interests for any and all Physical Games which you are sending to GMGL. Your submission of a Physical Game for Trade-In will be considered an offer to sell the Physical Game to Us. Upon Our examination of the submitted Physical Game and the confirmation that it complies with the indicated condition, this will be considered GMGL’s acceptance of your offer.
Trading In Physical Games
In the "Trade-In Zone”, you can Trade-In Physical Games for the listed platforms (including PS3 and Xbox 360). GMGL will add, update or delete the
Physical & Digital games which it will accept for Trade-In.
Only Physical Games which correspond to an “acceptable condition”, submitted in the Trade-In process will be eligible. If on receipt by GMGL, the Physical Games do not match the description detailed during the Trade-In process, they will not be accepted and may be returned to the return address submitted by you, unless you have indicated that you will abide by GMGL’s assessment of the condition of the Physical Games (a description of Our “acceptable standards” can be found in the “Game Condition” section.)
GMGL will send the customer a confirmation email, detailing the games, price and date of the Trade-In transaction.
Upon receipt by GMGL of the Physical Game/s GMGL will assess whether the Physical Game/s are in accordance with Our “acceptable condition” standards. Upon acceptance of your game/s, GMGL will credit your account and ownership will pass to GMGL.
If you decide to take advantage of Our “Instant Credit” option, We will pre-authorise your credit card, Paypal Account or chosen method of payment, to the full amount of the order value. Upon receipt by GMGL of the games in your Trade-In order, We will reverse the hold on these funds and you will only pay the discounted price indicated at the checkout and your Order Confirmation Email.
You are responsible for ensuring that it is within your rights to submit Physical Games to Us for Trade-In and that GMGL receive these games no later than
10 days after placing your order. If We fail to receive the games within this time period, We will charge your credit card, Paypal Account or other payment method, the full amount of the original order value
Prices offered for Physical Game/s on greenmangaming.com are subject to change at any time, without notice. After you have submitted Physical Game/s for Trade-In, the price offered will be valid for 10 days on the date that you submit those Physical Game/s to GMGL. If your Physical Game/s are received after 10 days from the date they are submitted on greenmangaming.com, the up-dated, current prices will apply. At the end of the Trade-In process you will be given information about how to deliver the Physical Games to GMGL. Receiving Your Games
GMGL will inspect your Physical Game/s and determine if they meet Our “Acceptable Condition” criteria set out below. Physical Game/s are categorised in 3 conditions
- Approved – Physical Game meets acceptable standard
- Repair – Physical Game requires new cover, or jewel case or disk re-skim
- Reject – Physical Game is not as described, broken or chipped disk, pirate copy
If upon receipt of the Physical Games they do not correspond to the “Acceptable Condition”, the Trade-In price for each particular Physical Game will be reduced by £1. During the Trade-In process you will have the option to select that in the event GMGL disagree with your assessment that you will accept Our decision, We will add the credit to your greenmangaming.com account. If you have indicated that you will only accept the price/condition you have selected, GMGL will return the Physical Games to you free of charge, via 2ndclass post. You warrant that the Physical Game is in the condition described by you and is in Acceptable Condition. If GMGL reject your Physical Game, We will either return the Physical Game to you at your cost, or dispose of Physical Game in an environmentally considerate manner.
Physical Games Acceptable Condition Criteria
GMGL consider that Physical Games in an “Acceptable Condition” if it meets all of the following criteria
- The jewel case is not cracked, chipped and the hinge mechanism is in good working order. Minor (small) scratches are deemed as acceptable.
- The Physical Game is not a promotional copy.
- The Physical Game artwork/cover is intact with no tears, stains or other marks, graffiti or owner generated text.
- All disks are included within the jewel case, including any bonus content. The disk surface should be 100% intact, clean and free from scratches.
- If the original game contained additional game instructions or promotional materials, these should be included within the jewel case.
GMGL will not accept:
- Physical Games that are not playable or are incomplete, including shareware and freeware versions;
- Physical Games not published by the original manufacturer, including recopied media in any form;
- Physical Games intended for promotional distribution;
- Physical Games without accompanying material, which GMGL in its absolute discretion considers essential.
GMGL reserves the right to make a final decision on all Physical Game trade in values and return any Physical Game to you for any reason.
You expressly understand, accept and agree that GMGL’s pricing for products (the valuation(s) or offer price(s)) shall not be used by you on any other website(s)/mobile application(s) or on price comparison websites/services; and that you will use GMGL’s valuation service to value (derive offer prices) for items that you own and are considering selling to GMGL only. No other use of GMGL’s valuation services are allowed, without question, at the sole discretion of GMGL.
We will add the agreed, published game value to your account once We have assessed the condition of the game. Once We add the account credit, We will send you an email confirming the individual game and total credit in your account.
GMGL will process all game credit with 24-hours of game receipt.
GMGL will not enter into negotiations on game value price. The Trade-in price is valid for 10 days from the date of acceptance of the Trade-In order. This date will be calculated from the Trade-In confirmation email.
Use of GMGL Trade-In
GMGL Trade-In has been developed for use by members of the general public only and not by businesses, organisations, cooperatives or traders (whether sole, market or otherwise). GMGL reserves the right to not accept any Game. Businesses, organisations, cooperatives or traders (whether sole, market or otherwise) please contact email@example.com for a direct trading relationship.
Liability of GMGL when using Our FREEPOST Service
GMGL shall not be responsible for any loss or damage to any package or parcel (“Parcel”) for non-delivery or mis-delivery if it is proved that the loss, damage, non-delivery or mis-delivery was due to the negligence or fault of you.
GMGL shall only be liable for non-delivery or mis-delivery if it is proved that the same was caused by the negligence or default of GMGL, which shall be determined by GMGL at its sole discretion.
It shall be your responsibility to satisfy yourself that any Parcel that you wish to have carried by GMGL or its affiliates, agents or representatives shall meet the weight and dimensions conditions stated in the scope of service. GMGL will accept no liability whatsoever for any loss or damage to such Parcel arising from the unsuitability of such Parcel.
Without prejudice to the generality of the foregoing, GMGL can under no circumstances whatsoever, accept any responsibility for any delay to Parcels not due to the negligence or default of GMGL or its agents, which shall be determined by GMGL at its sole discretion. Since GMGL is unable to assess the cost to you of the loss or damage of any Parcel until it is received and examined by GMGL, in no case whatsoever shall any liability of GMGL, however arising and notwithstanding any lack of explanation, exceed the cost value of the relevant goods in a Parcel. GMGL accepts no liability for consequential losses in the event of their loss or damage to the goods in the Parcel.
GMGL shall not be liable for loss or damage to any part of any Parcel (whether comprising one or more packages in the Parcel), or for the loss or non-delivery of the whole of any Parcel, or for damage, delay or detention or any part thereof however caused, unless GMGL is advised thereof in writing, of the fact of the loss or damage or mis-delivery (as the case may be) within 12 days from the date that you posted your Parcel(s)– this date will be printed on the Trade-In Confirmation Email.
Please contact Us by emailing firstname.lastname@example.org if you would like help with a lost Parcel.
GMGL shall not be liable for loss or damage to any part of any Parcel (whether comprising one or more packages in the Parcel), or for the loss or non-delivery of the whole of any Parcel, or for damage, delay or detention or any part thereof however caused, if the Parcel does not have a correctly printed label.
Your obligations for use of Our FREEPOST Service
GMGL insists that all goods entrusted to GMGL for carriage have a correctly printed label provided by GMGL on the Trade-In Confirmation Page.
You warrant that you will not supply to GMGL any Physical Games or other goods or items that are NOT accepted by GMGL for carriage or Trade-In.
You warrant that the content, nature and type of the Physical Games within the Parcel are as described by you upon any request made by GMGL for a description of the Physical Games or other goods or items to be conveyed. You accept that it is entirely reasonable for GMGL to rely upon the accuracy of your description of the Physical Games or other goods or items which may be unidentifiable to GMGL and/or its agents or representatives being within sealed packaging, in ensuring that GMGL complies with its legal obligations not to carry or accept for carriage restricted goods or items that are deemed to be “Dangerous Goods” meaning goods included in the list of Dangerous Goods as defined in the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984, the Classification, Packaging and Labelling Regulations 1983, the Radioactive Substances (carriage by Road) (Great Britain) Regulations 1974 and the Explosives by Road Regulations 1996 including any other relevant legislation or regulations together with any amendments thereto, or means goods which present a comparable hazard. You will be liable for and indemnify GMGL for ANY loss, damage or liability arising from a breach of these.
Liability for Loss and Damage:
GMGL may from time-to-time accept liability for some physical loss of, or physical damage to, Physical Games during transit except to the extent that such loss or damage has arisen from or consists of:
(a) You or consignee insufficiently or improperly labelling, packing or addressing, including providing to GMGL and/or its carriers incorrect or missing postcode information; (b) Act of God, seizure under legal process; (c) Any consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property by or under the order of any government or public or local authority, riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever cause, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionising radiations or contamination by radioactivity; (d) GMGL shall not be under any liability of any kind for goods: a. Where there has been fraud by you or the owner of the Physical Games or other goods or items; or b. For the avoidance of doubt, where the Parcel and/or Physical Games was not in transit at the time of loss. You accept and agree that NOT in all cases will GMGL be able to return unauthorised goods and in these cases you accept and agree that GMGL may dispose of these goods at no charge to GMGL and to fully and without question indemnify GMGL against any loss, loss of profits, damage or liability whatsoever and howsoever arising from a breach of these Terms and Conditions.
POLICY ON PRIVACY, DATA, COOKIES AND MARKETING COMMUNICATIONS
We may ask you for certain information and you may submit personal data to the Service (such as your name, email address and contact details) when you subscribe or sign up to the Service. Green Man Gaming and Playfire user now have the ability to use either site with the same log in details. Some data is shared between the Playfire and Green Man Gaming services in order to enhance the user experience on both platforms. We may also record which parts of the Service and services you are interested in as well as user traffic patterns and site use. This information will be kept securely in accordance with an internal security policy and may be used to:process your Communications, your subscription to the Service and to enable your use of the Service and associated services; open and run your account and provide you with an up to date, efficient and reliable service; administer prize draws; and generally run the Service.
We also utilise device finger-printing technologies. We receive information from customers about devices that connect to Our websites, operated or controlled by customer and utilise this information to assist in the detection and prevention of fraudulent transactions. By subscribing and submitting your data you agree to this use.
We will only use information collected about you in accordance with the Data Protection Act 1998. From time to time We also monitor and record telephone calls for training purposes and to improve the service to you.We do not collect sensitive information about you without your explicit consent.
We give you a choice of whether or not you want Us or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful. We will not sell or trade personal information to other companies but We would like to keep you informed of the developments on the Service and certain Games and We would like to share data with other reputable companies who may have interesting offers and information for you (inside or outside the EU). We will not send you any marketing emails or pass your information on to third parties unless you give your consent or you have given it already.
What is in a cookie?
A cookie is a simple text file that is stored on your computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like your preferences or what’s in your shopping basket.
What to do if you don’t want cookies to be set
Some people find the idea of a website storing information on their computer or mobile device a bit intrusive, particularly when this information is stored and used by a third party without them knowing. Although this is generally quite harmless you may not, for example, want to see advertising that has been targeted to your interests. If you prefer, it is possible to block some or all cookies, or even to delete cookies that have already been set; but you need to be aware that you might lose some functions of the website.
No Cookies please!
By agreeing to these terms you are specifically allowing the Service to execute all cookies as are required for the Service to operate as efficiently as possible with the best user experience in mind. If you don’t disable cookies the Service will ask for and store details including your name and email address and may automatically insert certain information on the subscription or Communications forms so that you can use the Service with less form filling.
These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit either GMGL’s or Playfire’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
All questions, comments or inquiries should be directed by email to email@example.com or firstname.lastname@example.org (as appropriate) or by post to FOA Customer Service, Green Man Gaming Limited Hamilton House, Mabledon Place, Bloomsbury, London WC1H 9BB.
These terms and conditions constitute the entire agreement between you and Us and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
Use of the word “including” in these terms and conditions means including without limitation. Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.
If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
The Service is intended for and directed at the United Kingdom and no representation or warranty is made as to whether the Service complies with the regulatory regime and local laws of any other country.
Use of the Service and these terms and conditions are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
These terms and conditions include the terms and conditions of the Client Software end user license agreement available here http://www.greenmangaming.com/terms-and-conditions/ and the following terms and conditions of the Game EULA, which shall apply to the use of all Games unless provided otherwise, as detailed in the Game EULA.
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (“EULA”) BEFORE PURCHASING, DOWNLOADING OR INSTALLING ANY GAME. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU SHOULD NOT USE, PURCHASE, DOWNLOAD OR INSTALL GAMES
Games purchased through the Service are copyright works of the third party developer or publisher identified in the Game (“Publisher”) or its licensors.
Use of the Games is governed by the terms of this EULA unless you are presented with an alternative end user license agreement, in which case the terms of that end user license agreement shall apply. If you have already purchased or downloaded a Game before being presented with an alternative end user licence agreement and you do not accept (and have not accepted) its terms and conditions and have not made any use of the Game please notify Us using the contact information below and We may arrange for your purchase and use of the Game to be cancelled and your account credited or a refund given as appropriate.
Each Game is solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited. Reference to Game in this EULA shall include any online service which is made available through it, where and to the fullest extent that the content permits.
1- Limited Use License. You are granted and by installing the Game you accept, a limited, non-exclusive right and license to install and use one (1) copy of the Game for your personal, non-commercial use on a single computer subject to the terms of this EULA. 2- End User Rights and Obligations. The Game is licensed to you as a single product. Its component parts may not be separated for use on more than one computer. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as neither GMGL nor the Publisher has liability for lost or corrupted data. You may make a single back-up copy of the Game for your own personal use in the event that the original copy is destroyed, lost or corrupted. You may also permanently transfer the Game on to another computer owned by you provided that you remove the Game from the computer on which it was originally installed. You may not, except as expressly provided by this EULA: - sell, distribute or otherwise transfer copies or reproductions of the Game to any third party in any way and may only sell or Trade-In a Game to GMGL; - in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of the owner of the applicable rights in the Game; - remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game; - exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site; - network the Game or otherwise install or use it (or permit its use) on more than one computer, console, handheld device or PDA at the same time nor use or permit use of the Game in a network, multi-user arrangement or remote access arrangement, including any online use otherwise than as part of an online service approved by Publisher; - use the Game for any illegal or immoral purposes; - export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations; - create data or executable programs which mimic data or functionality in the Game; - otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA 3- Ownership. The Game is licensed, not sold. Your licence confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game 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 (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Publisher or its licensors. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and Publisher’s licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners. 4- Termination. The licence granted by this EULA will terminate automatically if you breach its terms and conditions. In that event, you must immediately destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and on GMGL’s request certify that you have done so. You may terminate this EULA at any time by deleting and removing the Game from your personal computer and destroying your copy of the Game in your possession. 5- Liability
THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY
LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY NEGLIGENCE OF GMGL OR ITS LICENSORS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
YOU INSTALL AND USE THIS GAME AT YOUR OWN RISK ; THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;GMGL AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THIS GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;GMGL AND ITS LICENSORS EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS
WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
GMGL AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OFINFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;GMGL AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY GMGL OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF GMGL AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME. You agree to indemnify, defend and hold GMGL and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your misuse of the Game or use otherwise than in accordance with the terms of this EULA. GMGL’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections. 6- Severability In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect. 7- Applicable Law. To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Game, any applicable online service and this EULA are subject to English Law. In the event that English Law cannot apply in the country you obtained or use the Game local law will apply.
HEALTH AND SAFETY AND PRECAUTIONS
Games may contain flashing lights, realistic images and simulations.
PLEASE READ THIS NOTICE BEFORE YOU OR YOUR CHILD USE YOUR GAME(S)
Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games. This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this Game has suffers in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using this Game. If you or they are already using the Game please stop and consult a doctor.
If you or any part of you feels tired, fatigue or discomfort whilst playing games please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING YOUR GAME(S): Please do not:
- sit or stand too close to the TV screen / monitor but sit or stand a safe distance away;
- use this Game or play games if you are sick, sleep, or feel tired, fatigue or discomfort;
- play in a room that is not well-lit;
- play for too long at any one time, please take a 10- to 15-minute break every hour. Notice to parents and carers:
Please observe children whilst they play games. Please ensure that you and they following the precautions described above. If you or they experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.