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 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 earn rewards you for your playing; “Service” means:
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:
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, trademark 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:
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 Us 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:
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:
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 (merchandise/Gift Cards) through the Service as follows:
The use and purchase of all games purchased or downloaded through the Service shall be subject to the end user licence terms available below, 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 Playfire will be adversely affected 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
If you do not hold an account in the relevant currency you should pay by debit or credit card (or any other method that GMGL may introduce from time to time) and your card company should exchange the amount charged to the currency of your country at the current rate.
- You will not be charged for any Orders that cannot be fulfilled and where appropriate GMGL will re-credit to your account any sum debited by GMGL. GMGL cannot guarantee that a particular Game or Product will always be available.
- Your credit card company may also do security checks to confirm it is you making the Order.
RETURNS, REFUNDS AND CANCELLATION
IMPORTANT: GMGL tries very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur.
Gift Cards - Redemption
Green Man Gaming Gift Cards ("Gift Cards") may only be redeemed toward the purchase of eligible products on greenmangaming.com. Purchases are deducted from the redeemer's Gift Card balance. Any unused Gift Card balance will be placed in the redeemer's Green Man Gaming account. If a purchase exceeds the redeemer's Gift Card balance, the remaining amount must be paid with an alternate payment method.
Gift Card - Limitations
Gift Cards, including any unused Gift Card balances, expire two years from the date of issuance. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Gift Card balances in a Green Man Gaming account may not be transferred to another Green Man Gaming account.
Gift cards are not refundable.
Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
We will have the right to close customer accounts, expire and revoke Gift Cards and Gift Card balances, and take payment from alternative forms of payment if a Gift Card is purchased fraudulently or a fraudulently obtained Gift Card is redeemed and/or used to make purchases on greenmangaming.com.
Limitation of Liability.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. IF APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
PRICE-MATCHING AND PRE-ORDER POLICIES
VOUCHERS, CREDITS AND OFFERS
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.
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 login 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.
Standard Rules for Online Prize Draws and Competitions
(For Competitions that begin on or after August 1st 2014)
Key details of each prize draw and competition (the "Competition") are shown on the promotional Competition page for that prize draw or competition. The following general rules apply to all Competitions (such as prizes or other value in games, sweepstakes, contests and promotions, social network giveaways, and other events we deem to be meet our definition of Competition).
Each prize draw and competition will run from the Start Date through to the End Date, each of which will appear on the Competition page. All entries for the Competition must be received no later than 23.59 British Standard Time on the End Date to be eligible for selection.
The promoter of the Competition is Green Man Gaming LTD, whose registered office is at Mutual House, 70 Conduit Street, London, W1S 2GF
Each Competition is open only to legal residents of the territory specified on the Competition page who are at least the Minimum Age shown on the Competition page. Employees or agents of Green Man Gaming or anyone else connected to the Competition, and/or their immediate family, may not enter.
Only one entry per household is allowed unless otherwise stated on the Competition page. Only entries made online via the Internet will be accepted. All submitted entries become the property of Green Man Gaming; provided that any materials submitted as part of a Competition, such as a photograph, video, written story or drawing, are "Solicited Submissions".
By “Submissions” we mean text, messages, tweets, ideas, concepts, pitches, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterisations, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through any of Green Man Gaming’s Competition pages or Sites.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a Competition page for our review or display and possible specifically-defined consideration; and (b) that you distribute on or through any of Green Man Gaming’s Sites for which you do not seek Consideration (such as in Public Forums). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
Unless otherwise noted on the Competition page, there is no entry fee and no purchase is necessary to enter any Competition. Entrants are responsible for the cost of their connection to the Competition page via the Internet.
Green Man Gaming does not guarantee continuous, uninterrupted or secure access to the Competition page or website.
Green Man Gaming does not accept responsibility for lost, damaged, invalid or illegible entries.
Winner Selection (depending on the type of Event): For a Prize Draw: All winning entries will be selected randomly by Green Man Gaming or its agents within two (2) weeks of the End Date from all correct entries received. The selection is final. For a Competition: The winning entries will be selected by a panel of judges within (3) weeks of the End Date. The Selection Criteria will be found on the Competition page. The panel's decision is final, and no correspondence will be entered into.
Winners will receive confirmation via e-mail on or before the Announcement Date shown on the Competition page. Winners must reply to that e-mail by the Reply Required by date shown on the Competition page, or risk forfeiting the prize. Green Man Gaming reserves the right to select another prize winner if a reply is not received in time. Green Man Gaming will make reasonable attempts to contact the winner where appropriate and possible but shall have no liability to previously-selected prize winners who have not replied in time.
Winner name(s) will be displayed on the Competition page or Competition Winner Announcement page for at least thirty (30) days after the Prize(s) have been awarded.
All prizes are non-transferable. No cash alternative is available for any prize. In the unlikely event that a prize should become unavailable, Green Man Gaming reserves the right to substitute a prize which it reasonably determines as being of equal value. Green Man Gaming takes no responsibility for inaccurate prize details supplied to any entrant by any third party connected with the Competition.
Green Man Gaming reserves the right to cancel or amend the Competition and these terms and conditions without notice if it cannot be guaranteed that the Competition can be carried out correctly for technical reasons, or in the event of a catastrophe, war, civil or military disturbance, or any actual or anticipated breach of any applicable law or regulation, or any other event outside of the Green Man Gaming’s control. Any changes to the Competition will be notified to entrants as soon as possible by the Green Man Gaming.
Green Man Gaming reserves the right to cancel or terminate the Competition or disqualify any participant at any time without giving advance notice and will do so or if Green Man Gaming suspects that any person has been manipulating the administration of the Competition or has acted unethically in any other way.
Each entrant agrees that if he or she wins a Prize, Green Man Gaming will have the right, without additional payment or permission, to use their name (or username), age, and town/city for the purposes of announcing the winner(s) and they may be requested (by Green Man Gaming, its agents and their related companies) to participate in post-event publicity.
Any Green Man Gaming Competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
By accepting these terms and conditions, you opt in to the Green Man Gaming Newsletter.
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 protected] or [email protected] (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, licences 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.
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:
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.