These Conditions of Use, together with the Payment Terms, Privacy Policy and additional documents and notifications which SEGA Europe Limited (“SEGA”) may provide you with from time to time, constitute a legal agreement between you and SEGA under which you are permitted to access the Football Manager Live Service (together, “the Agreement”).
Below we have set out the basic conditions which you must agree to before you are able to access the Football Manager Live Service (“the Service”):
DESCRIPTION OF SERVICE
- The Service is a massively multiplayer online football management simulation game provided by SEGA which allows you to interact with and play against other online users.
- By confirming acceptance of your subscription order, SEGA grants to you a non exclusive, limited, fully revocable right and licence to access the Service whilst you are in full compliance with this Agreement.
ACCOUNT SET UP
- You warrant and represent that the information you supply in the process of setting up an account for the Service (“Your Account”) shall be accurate and complete and that you shall update such information in the event that it becomes outdated.
- You must be at least 13 years of age to subscribe to and access the Service. By accepting these Conditions of Use and submitting a subscription order for the Services, you warrant and represent that you are at least 13 years of age.
- Following acceptance of your subscription order, you will be provided with your unique log-in details for Your Account (“Log-in Details”). You agree not to disclose the Log-in Details to any third party and SEGA shall not be responsible for any damage, loss or other inconvenience which may be suffered by you as a result of your loss or disclosure of your Log-in Details. In the event that you suspect that a third party is in possession of your Log-in Details without your permission please notify SEGA immediately via support@fmlive.co.uk.
- You may not transfer Your Account to any third party without the prior written consent of SEGA.
OWNERSHIP OF THE SERVICE (AND ASSOCIATED ELEMENTS)
- All rights and title in and to the Service (including but not limited to Your Account, team names, game world names, user profile information, statistics, competitions, computer code, themes, assets, characters, concepts, artwork, images, sounds, audio visual effects, methods of operation, moral rights, related documentation, transcripts of chat rooms or forums) are owned by SEGA or its licensors.
- The Service will contain some material which is the property of third party licensors. SEGA or such third party licensors may enforce their rights in the event of a breach of these Conditions of Use.
TEAM NAME SELECTION
- You will be required to select a team name (“Team Name”) upon submitting your subscription order.
- SEGA reserves the right in its sole discretion to amend any Team Name or to refuse to accept any Team Name submitted by you.
MATERIAL SUPPLIED BY YOU WHILST USING THE SERVICE
- The Service allows you to submit material to the service which will be viewed by other users including but not limited to photographs, images, Team Names, team kits, team logos/badges, competition names, chat posts, comments and forum posts (together “User Material”).
- In submitting the User Material, in consideration of the access to the Service granted to you by SEGA, you hereby irrevocably assign, convey and otherwise transfer to SEGA and its respective successors and assignees, by way of present and future assignment, all of your rights, title and interest in and to the User Material from the time of creation. You agree that you shall at SEGA’s reasonable cost take all actions and execute any and all documents as may be reasonably requested of you from time to time to fully vest in SEGA all of your rights, title and interest in and to the User Material. You hereby waive any and all liens, security interests and/or other encumbrances against the User Material or any intangible property rights relating to the foregoing. This waiver shall be a continuing waiver.
- You hereby warrant and represent that the User Material submitted by you shall not be in breach of the Rules of Conduct referred to below and that the User Material shall not be obscene, defamatory or likely to adversely affect the reputation or goodwill of SEGA.
- You hereby warrant and represent that the User Material submitted by you and the subsequent use and exploitation of the User Material by SEGA will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to SEGA.
- You agree to indemnify (and keep fully indemnified) SEGA from and against all claims, demands, costs, liabilities, losses, expenses and damages arising out of or in connection with any breach of your representations and warranties under PARAGRAPHS 13 AND 14 of theSE Conditions of Use.
- SEGA has the right to remove any USER material whatsoever submitted by you without reason or notice.
MATERIAL SUPPLIED BY OTHER USERS WHILST USING THE SERVICE
- Due to the nature of the Service, other users are able to submit material which you will be able to access including but not limited to images, photographs, team names, team kits, team logos/badges, competition names, chat posts, comments and forum posts (“Third Party Material”).
- You accept that SEGA has no obligation to screen such Third Party Material and accepts no responsibility or liability for such Third Party Material. Any use by you of the Third Party Material is at your own risk. You acknowledge that some Third Party Material may be provided to other users under licence from third parties and SEGA accepts no responsibility for the violation of any such third parties’ rights by your use of the Third Party Material.
ROLE OF SEGA AS A SERVICE PROVIDER
- You acknowledge that SEGA is a service provider and the Service allows users to interact online regarding issues and material which is determined solely by users such as you. SEGA does not regulate the content of communications between users or the interaction of users with the Service. Therefore, SEGA is not able to control the contents of such communications in most circumstances and you hereby accept that SEGA is not liable for the acts, statements, opinions or other material submitted by you and other users.
RESTRICTIONS ON USE OF SERVICE
- Only SEGA or its authorised partners have the right to host the Service. You may not host or provide matchmaking services for the Service, or intercept, emulate or redirect the proprietary communication protocols used by SEGA in connection with the Service.
- You agree not to use any software (such as bots) or other proprietary technology which would disrupt the Service for other users or give you an unfair advantage over other users of the Service. In particular, you agree that you will not modify or cause to be modified any files that are a part of the Service or use any third-party software that intercepts or otherwise collects information from or through the Service.
- You agree not to use the Service solely for your personal non commercial use and you are prohibited from using the Service for the marketing, promotion, sale or solicitation of non-Service related goods or services.
RULES OF CONDUCT
- The safety and enjoyment of our users is of the utmost importance. As a result, your continued access to the Service is strictly subject to your adherence to the Rules of Conduct which are located within the Football Manager Live website subject to the below. These Rules of Conduct regulate all aspects of your interaction with other users and the Service including but not limited to interactions within forums, in chat rooms, through private messaging functions or during matches.
- You acknowledge that the Rules of Conduct are constantly undergoing changes and as such it is your responsibility to ensure that you check the www.footballmanagerlive.com website regularly for updates. For Pre-Orders the Rules of Conduct will not be available for viewing by you at the time of order as they are still in the process of being prepared. You accept that the purpose of the Rules of Conduct is to ensure a safe and enjoyable environment for all users and as such you agree to accept and abide by any such future additions to the Rules of Conduct which SEGA reasonably requires.
- The abuse of other users or any employee of SEGA or its group companies will not be tolerated and SEGA will take immediate action against any user in the event that such abuse takes place.
SUSPENSION OR TERMINATION OF YOUR ACCOUNT
- SEGA, AT ITS ABSOLUTE DISCRETION, MAY SUSPEND OR TERMINATE YOUR ACCOUNT WITHOUT REASON OR NOTICE. HOWEVER, SEGA SHALL ENDEAVOUR TO ONLY EFFECT SUCH SUSPENSIONS OR TERMINATIONS WHERE THERE HAS BEEN A BREACH OF THIS AGREEMENT.
CANCELLATION OF SUBSCRIPTION
- Your rights to cancel your subscription are set out within the Payment Terms which form part of this Agreement.
SERVICE DISCLAIMER
- THE SERVICE IS OFFERED ‘AS IS’ WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
- SEGA reserves the right to interrupt the Service with or without notice for any reason. SEGA shall not be liable for any loss or damage caused to you by such interruption and you hereby acknowledge that you shall not be entitled to any refund of Subscription Fees or other compensation for such period of interruption.
LIMITATION OF LIABILITY
- NEITHER SEGA NOR ANY COMPANIES WITHIN THE SAME CORPORATE GROUP AS SEGA SHALL BE LIABLE FOR ANY LOSS OR DAMAGE to property, lost data, loss of goodwill, computer failure, errors or losT business or other information as a result of THE possession, use or malfunction of the SERVICE, even if it has been advised of the possibility of such loss. IN NO EVENT WILL SEGA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SEGA’S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE SUBSCRIPTION FEE PAID BY YOU FOR YOUR CURRENT OR MOST RECENT SUBSCRIPTION PERIOD.
GENERAL
- The Service is intended for users of the United Kingdom and Ireland only. If you are accessing the Service from any other country you do so at your own risk and agree that you will not violate any applicable law or regulation in connection with your use of the Service.
- SEGA shall have no liability to you whatsoever or be deemed to be in default for any delays or failures in performance under this Agreement resulting from acts beyond its control including but not limited to acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes or epidemics.
- In the event that any provision of this Agreement shall be void or unenforceable by reason of any provision or applicable law, it shall be deleted and the remaining provisions shall continue in full force and effect and, if necessary, be so amended as shall be necessary to give effect to the spirit of this Agreement so far as possible.
- This Agreement shall be construed in accordance with and governed in all respects by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
- YOU ACKNOWLEDGE THAT THE SERVICE IS CONSTANTLY EVOLVING AND AS SUCH SEGA, AT ITS SOLE DISCRETION, MAY MODIFY THESE CONDITIONS OF USE AT ANY TIME IN ANY MANNER WITHOUT ANY LIABILITY TO SEGA. IN SUCH CIRCUMSTANCES SEGA WILL PLACE THE UPDATED CONDITIONS OF USE UNDER THE ‘My Office’ TAB IN YOUR ACCOUNT HOMEPAGE. THE UPDATED CONDITIONS OF USE WILL BE INCORPORATED INTO THE AGREEMENT AND YOU WILL BE DEEMED TO AGREE TO AND ACEPT THESE UPDATED CONDITIONS OF USE. IT IS YOUR RESPONSIBILITY TO CHECK YOUR ‘My Office’ TAB REGULARLY FOR ANY SUCH UPDATES.
These terms and conditions do not affect your rights under law.
I hereby acknowledge that I have read and understand the foregoing CONDITIONS OF USE and agree that by ticking the 'I Agree' box I am acknowledging my agreement to be bound by these CONDITIONS OF USE.