These terms and conditions ("Terms") apply to all and any use of the web site available at Soccer Manager and its games, competitions, content and services including without limitation the Communications service as defined below ("the Web Site") and any material submitted, posted or otherwise placed on the Web Site, together with all and any material, comments, messages and other communications made to, from or using the Web Site, any part of it or any related service ("Communications").
By using the Web Site you are telling Soccer Manager that you understand, accept and are able to accept these Terms and agree to be bound by these Terms. If you do not accept or understand these Terms you should not use the Web Site or any part of it including without limitation by making Communications.
If you are under the age of 18 and do not understand these Terms please ask a parent or guardian to explain their meaning to you.
Soccer Manager may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from www.soccermanager.com/terms-main.php
Soccer Manager grants you a non-exclusive, limited licence to download and use the Web Site solely for your private, non-commercial, personal use only via the Internet. You may not transfer, sub-license or deal in this right without Soccer Manager's prior written permission. These Terms and the rights granted by them do not give you any title or ownership in the Web Site and should not be construed as a sale or transfer of any copyright or other right.
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 Web Site belong to and vest in Soccer Manager, or are licensed to Soccer Manager.
All intellectual property rights of Soccer Manager are hereby asserted and reserved.
All third party trade names and trade marks are the property of their respective owners and Soccer Manager makes no warranty or representation in relation thereto. More specifically, Soccer Manager does not claim or assert any right title or interest in any third party Communications or any information or data contained on the Web Site that refers real world events, people, organisations, teams, clubs, places, stadia, companies, or competitions (Real World Data).
All Real World Data and all rights in Real World Data are the property of their respective owners and Soccer Manager does not have and does not represent any connection or association with any Real World Data or any subject of any Real World Data.
Real World Data is included in the Web Site for the purpose of providing information only and to identify honestly and fairly real world facts.
hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, decompile or reverse engineer or create derivative works out of the Web Site or any information contained in it, to the fullest extent permitted by applicable law;
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 Web Site;
make the Web Site or any Game available to any third party;
create software which mimics data or functionality in the Web Site;
use or deal in the Web Site except as permitted by these Terms;
include contact details intended to facilitate communication outside of the Web Site, in any Communication;
use your access to the Web Site, or information gathered from it, for the sending of unsolicited bulk email.
make any public or commercial use of the Web Site without Soccer Manager's prior written consent;
provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Web Site without Soccer Manager's prior written permission;
display, publish, copy, print, post or otherwise use the Web Site and the information contained therein for the benefit of any third party or web site without Soccer Manager's prior written consent;
use the Web Site and any Communications nor process or use the information contained on or within the Web Site unfairly or for any illegal or immoral purpose;
use the Web Site and any Communications nor process or use the information contained on or within the Web Site for any commercial or business purpose;
delete or obscure any copyright or other proprietary notice.
The Web Site is an entertainment and information service and ancillary to this Soccer Manager 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 Soccer Manager unless specified otherwise by Soccer Manager.
Soccer Manager is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
By using the Web Site you acknowledge that Soccer Manager has no responsibility to review the content of any Communications and that all Communications are made available on the basis that Soccer Manager is required to and does not exercise any control or judgement of their content.
Notwithstanding the foregoing Soccer Manager shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
You agree that Soccer Manager may use, publish, edit, modify and adapt your Communications for any and all purposes relating to the Web Site and the business of Soccer Manager and you hereby grant it an unrestricted non-exclusive licence to do so and 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 Web Site any statement or material 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;
which 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.
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. Soccer Manager has 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 of some degree of caution when using any web site. By using the Web Site and its services you accept that this is the case and accept that you therefore use the Web Site 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.
Soccer Manager provides and maintains the Web Site for personal entertainment, on an "as is" basis and is liable only to provide its services with reasonable skill and care.
Soccer Manager gives no other warranty in connection with the Web Site and to the maximum extent permitted by law, Soccer Manager excludes liability for:
any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Soccer Manager has been made aware of;
the accuracy, currency or validity of the information and material contained within any Communications or the Web Site;
any interruptions to or delays in updating the Web Site;
any incorrect or inaccurate information on the Web Site;
the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of the Web Site;
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 Web Site, or any Communication;
all representations, warranties, conditions and other Terms which but for this notice would have effect.
Soccer Manager does not warrant that the operation of the Web Site will be uninterrupted or error free.
Soccer Manager 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 without limitation Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
These Terms above are subject to your statutory and common law consumer rights and 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 Soccer Manager's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
You agree that in relation to your use of the Web Site 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 Web Site.
You agree that you are and shall remain responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account.
You hereby indemnify, defend and hold Soccer Manager and Soccer Manager's affiliates and Soccer Manager's officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Web Site any Communications and any use of your membership account. You shall use your best efforts to cooperate with Soccer Manager in the defense of any claim. Soccer Manager reserves the right, at Soccer Manager's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Without limiting to any other rights it may have Soccer Manager may remove, restrict, cancel or suspend access to and use of the Web Site and any part of it without notice, if it considers (in its sole discretion) that you have breached of any of these Terms.
Soccer Manager will only use information collected about you in accordance with the Data Protection Act 1998.
Soccer Manager may ask you for certain information and you may submit personal data to the Web Site (such as your name, email address and contact details) when you subscribe or sign up to the Web Site.
Soccer Manager may also record which parts of the Web Site 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:
process your Communications, your subscription to the Web Site and to enable your use of the Web Site and associated services;
open and run your account and provide you with an up to date, efficient and reliable service;
We use third-party advertising companies to serve ads when you visit our website.
These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
If you would like more information about this practice and would like to know your options in relation to not having this information used by these companies, Please visit the Network Advertising Initiative website.
By subscribing and submitting your data you agree to this use.
From time to time Soccer Manager also monitor and record telephone calls for training purposes and to improve the service to you.
Soccer Manager will never collect sensitive information about you without your explicit consent.
In accordance with the Data Protection Act 1998, Soccer Manager is registered with the Information Commissioner Z1222362.
If you believe Soccer Manager has information about you that you do not want Soccer Manager to have or that is incorrect, please contact Soccer Manager as described below and Soccer Manager shall correct or remove the data as you request as soon as is reasonably practicable.
Soccer Manager gives you a choice whether or not you want Soccer Manager or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful. Soccer Manager won't sell or trade personal information to other companies but Soccer Manager would like to keep you informed of the developments on the Web Site and certain Games and Soccer Manager would like to share data with other reputable companies who may have interesting offers and information for you (inside or outside the EU).
Soccer Manager 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.
If you do not disable "cookies" the Web Site will ask for and store details including name and email address and may automatically insert certain information on the subscription or Communications forms so that you can use the Web Site with less form filling.
The Web Site is free to use and play, however you may purchase additional services and features in order to enhance your use of the Web Site including without limitation private leagues ("Paid for Features").
Paid for Features are features of the Web Site that may used subject to these terms and conditions and on the basis of the licence granted by these terms and conditions. These terms and conditions and your use of the Web Site do not give you any rights of ownership in any property whether tangible or intangible (including in any Paid for Feature).
Paid for Features include a virtual currency used in and as part of the Web Site ("Virtual Currency").
Virtual Currency may be exchanged for other Paid for Features in and as part of the Web Site only.
Virtual Currency is a Paid for Feature and in common with all Paid for Features have no cash or real world value.
When you buy a Paid for Feature you are buying a right to use that Paid for Feature within, in and as part of the Web Site only, in accordance with these terms and conditions.
It is a condition and fundamental term of these terms and conditions and your use of the Web Site that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Paid for Feature (including Virtual Currency) outside of the Web Site or in any way other that as expressly provided above namely that Virtual Currency may only be exchanged for certain other designated Paid for Features in and as part of the Web Site only.
It is a further condition and fundamental term of these terms and conditions that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with other aspect of the Web Site including your the Web Site account, Password or username.
Paid for Features may be purchased using your credit or debit card, pay by mobile or through a Paypal account.
PLEASE DO NOT SEND CASH. SOCCER MANAGER MAY NOT ACCEPT CASH (BUT RESERVES THE RIGHT TO DO SO). SOCCER MANAGER WILL NOT BE RESPONSIBLE FOR CASH, POSTAL ORDER, MONEY ORDER OR CHEQUE LOST IN THE POST OR SENT TO BUT NOT RECEIVED BY SOCCER MANAGER.
Paid for Features are advertised for sale on the Web Site so that you may offer to purchase them for the price stated in the manner described below.
When you complete and submit the online form required to purchase Paid for Features you are offering to purchase them for the price stated ("Order").
Orders are subject to these terms and conditions and will be confirmed either by e-mail or a text response dependent on the method of payment. Orders are deemed accepted when Soccer Manager sends the confirmation e-mail or text response.
Soccer Manager may cancel any sale and not supply Paid for Features if it is reasonable to do so and may change or discontinue the availability of Paid for Features at any time at its sole discretion.
The purchase of a Paid for Features is a service that commences when Soccer Manager makes the Paid for Feature available, following which you shall not be entitled to cancel your Order.
If you cannot use a Paid for Feature due to a fault within the Web Site Soccer Manager will endeavour to provide you with a replacement if it is unable to do so you may be entitled to a refund.
Except as expressly provided all purchases of Paid for Features (including Virtual Currency) are final and are non refundable. If Soccer Manager is required issue a refund for Paid for Features under these Terms, it shall re-credit your account with any sum debited by it from your credit card or debit card or other method of payment in respect of that Paid for Features and remove your Paid for Features from the Web Site (which may include game worlds or clubs that you have used and are connected to the Paid for Features).
The charge will appear on either your monthly credit card bill, bank statement or mobile phone statement. Credit card Orders will be confirmed by e-mail and pay by mobile confirmed by text response and they are deemed accepted when Soccer Manager either sends the confirmation e-mail or text response. All Order details and invoices will be sent to the credit card, debit card or mobile phone billing address and not the shipping address where they differ.
You will not be charged for any Orders that cannot be fulfilled and where appropriate Soccer Manager will re-credit to your account any sum debited by Soccer Manager.
Soccer Manager cannot guarantee that a particular Paid for Feature will always be available.
IMPORTANT: We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If Soccer Manager discovers an error that affects you Soccer Manager will notify you as soon as reasonably possible. In those circumstances Soccer Manager 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 reasonably possible.
You may not purchase, sell, gift or trade any account, or offer to purchase, sell, gift or trade any account, or Paid for Features and any such attempt shall be null and void.
Soccer Manager does not permit any purported transfers of any account and/or Paid for Features executed outside of the Web Site, or the purported sale, gift or trade in the real world of anything that appears or originates in the Web Site, except with Soccer Manager's prior written permission.
Accordingly, you may not sell any account and/or Paid for Features for real money, or exchange those items for value outside of the Web Site. Any attempt to do so is in violation of these Terms and may result in the suspension or termination of your use of the Web Site.
Your statutory rights are unaffected by these Terms.
Why do different payment methods have different prices?
You will notice that the amount of SM Credits that we give you for the same price may vary by payment method. We have put a lot of thought into this decision and this is because we have different deals with different companies to provide different payments. They take a percentage of the money that you pay, but the amount they take is different dependent on country. We could give out SM Credits equally across all payment methods by using an average of the different payout percentages, but we do not want to penalise and raise prices on our cheapest forms of payment as we want to pass on that benefit to you in the form of more SM Credits.
These Terms constitute the entire agreement between you and Soccer Manager and shall apply to the exclusion of all other terms or conditions of contract which you may propose.
Failure to enforce any of these Terms will not be deemed a waiver of any term or right.
If any part of these Terms 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 Web Site is intended for and directed at the United Kingdom and no representation or warranty is made as to whether the Web Site complies with the regulatory regime and local laws of any other country.
Use of Soccer Manager and these Terms 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.
The English Language version of these Terms is the prevailing and authoritative version and any translation of these Terms is for reference only