Legal
Terms of Service
Manc Games’ mission is to connect the world through games. We provide enjoyment and social entertainment to people all around the world.
Before using Manc Games’ Services, please read these Terms of Service and our Privacy Policy. These Terms of Service govern the terms and conditions that apply while you use our Services (defined below). By using the Services you are deemed to accept that these terms and conditions bind you. If you do not accept all of the terms and conditions, you should not use our Services.
This Policy describes how we collect, store, use and otherwise process your personal information while providing services to you, as well as your rights and choices regarding your information. Whenever you wish to use our Services, you accept that our Privacy Policy applies. If you do not want Manc Games to collect, retain, use or share your information in the ways described in this Privacy Policy, you should not use our Services.
Under these Terms of Service, “Manc Games” or “we”, “our” or “us” means Manc Games and the Manc Games Corporate Family. In all cases, references to “Manc Games”, “we”, “our” or “us” include its representatives, advisers, employees, officers and directors.
1. DEFINITIONS
“Account” means the account you create when accessing the Services.
“Community Rules” means the rules of conduct that govern your relationship with our Services and with other players, and can be reviewed here.
“Feature Terms” means all other rules published by us in relation to specific services — such as platforms and APIs, mobile device applications, forums, contests, subscriptions or loyalty programmes — which relate to your use of those specific services and are stated to form part of these Terms.
“Offers” means the special programmes that Manc Games will make available to certain eligible players at certain times, including offers, trips and special gifts, whether virtual or tangible.
“Services” means our games, products, services, content, https://mancgames.com/ and/or other domain names or websites operated by Manc Games.
“Terms of Service” or “Terms” means these terms of service.
“User Content” means all data that you upload, transmit, create or generate on or through the Services. Your profile picture, your in-game messages or video chat, and your artistic items for the game or other content that you write or design are among these.
“Virtual Items” means (a) all virtual currencies used in the Services, including virtual money, cash, chips or points, and (b) virtual in-game items.
“Manc Games Corporate Family” means Manc Games’ affiliates, parent companies, joint ventures and other corporate entities under common ownership, and their representatives, advisers, employees, officers and directors.
“Manc Games Associates” means, in addition to the Manc Games Corporate Family, the third-party content providers, distributors, licensees or licensors of Manc Games and of the Manc Games Corporate Family.
2. CHANGES TO THESE TERMS
We reserve the right, at our discretion, to change, amend, add to or remove provisions of the Terms, the Community Rules and the Feature Terms at any time by publishing the amended Terms, Community Rules or Feature Terms on our sites or within the Service (for example, through in-game announcements). Where material changes are made, we may also give additional notice by email or through in-Service messaging. Unless we state otherwise, changes take effect as soon as they are published. New versions of the Terms, the Community Rules and the Feature Terms, and of all other policies, regulations or rules, can be accessed at https://mancgames.com/ or within the Service. If you continue to use the Services after changes have been made, you are deemed to accept that the changes also apply to your continued use of the Service.
You may not make changes to the Terms, the Community Rules or the Feature Terms unless a written variation agreement is made between you and Manc Games.
If a dispute arises between you and Manc Games, the Terms, Community Rules and Feature Terms that were in force at the moment Manc Games received notice of that underlying dispute will apply to that dispute.
If there is any provision or information in the Terms or in the Privacy Policy that conflicts with Manc Games’ other terms or policies, the provisions in these Terms and in the Privacy Policy will prevail.
3. ACCOUNT INFORMATION AND SECURITY
To use our Services we may ask you to create an Account and set a password, and/or to provide us with certain personal information including your name, date of birth, email address and, in some cases, your payment details. This information will be stored and used in accordance with Manc Games’ Privacy Policy.
You are deemed to have agreed to provide Manc Games with information that is accurate, complete and up to date, in particular your email address.
You are responsible for keeping your Account secure. Do not share your Account details with others and do not allow others to use your Account. We will treat all activity carried out through your Account as having been carried out by you. You therefore accept responsibility for all activity carried out through your Account, whether or not authorised by you, including purchases made using any payment method (for example a credit card or PayPal), and you understand that you may be held liable for losses suffered by us or by any other user of the Services because of another person using your Account.
Notify us immediately if you become aware of any actual or suspected loss, theft or fraud, or of any unauthorised use of your Account or of your Account password.
4. USING OUR SERVICES
Who can use our Services: We are very excited that you are about to play our games, but we have some limits on who may use our Services.
You may not use our Services if any of the following applies to you:
- You are not in a position to enter into a binding agreement with Manc Games.
- You are under 13 (or under 16 and located in the European Economic Area (“EEA”), or under 18 and located in Brazil); in that case you may not create an Account, use any of our Services, or submit your personal information (for example your name, address, telephone number or email address) within the Services or to Manc Games. This prohibition does not apply solely and only where a Manc Games Service has an age gate that collects age information before allowing the user to continue and that age gate permits users who identify themselves as being under 13 (or under 16 for the EEA, or under 18 for those located in Brazil). (As stated in our Privacy Policy, in such cases we will, to the extent and up to the extent permitted by applicable data protection laws, including but not limited to the Children’s Online Privacy Protection Act, provide a version of this Service that does not collect, use or disclose personal information, or we will obtain legally valid parental consent.)
- You are in a country embargoed by the United States or on the United States Department of the Treasury’s list of Specially Designated Nationals,
- You have a criminal record for sexual offences.
- You have previously been banned from using Manc Games games or Manc Games services (unless Manc Games reverses that ban at its sole discretion); you are not authorised to receive any product, including services or software, from the United States.
If you are under 18, or under the age of majority where you are located, you represent that your legal guardian has read and accepted these Terms;
Additional Important Rules and Terms: If you use our Services you must comply with the Manc Games Community Rules and with all other applicable Feature Terms. These additional rules and terms are provided in addition to these Terms and are important. Please read them. If you access the Services from a social network such as Facebook, or download the Services from another platform such as Apple or Google, you must comply with those third parties’ terms of service/use as well as with these Terms.
Access to our Services: To access or play our games, or to create an Account with us, you need an account on a social network such as Facebook and, if you use our mobile Services, an account with a company that supplies mobile applications, for example an Apple iTunes account. You need to update third-party software from time to time in order to receive the Services and play Manc Games Games.
We provide the games and the other Services. You provide the equipment (computer, phone, tablet, etc.) and pay the internet charges for connecting to the internet and to app stores in order to download and use the Services, and for data usage.
Service Changes and Limitations: Our Services change constantly, and we may ask you to accept the updates we make to the Services and to the Terms, the Community Rules, the Feature Rules and the Manc Games Privacy Policy. You need to update the game and the software from time to time in order to be able to continue using our Services. We may make these updates remotely, including to the Manc Games software on your computer or mobile device, without notifying you.
Manc Games reserves the right to stop providing and/or supporting the Services, or a game, or a part of the Services, in whole or temporarily at any time, in which case your right, or part of your right, to use the Services terminates or is suspended automatically. If this happens, unless applicable law requires otherwise, Manc Games is not obliged to provide you with any refund, benefit or other compensation in respect of the discontinued elements of the Services or for Virtual Items previously earned or purchased.
MANC GAMES MAY, AT ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR TO ANY PART OF THEM, AND MAY PROHIBIT ACCESS TO OUR GAMES AND SITES, THEIR CONTENT, THE SERVICES AND THE TOOLS, OR DELAY OR REMOVE HOSTED CONTENT, AND MANC GAMES WILL HAVE NO OBLIGATION TO COMPENSATE ANY LOSS OR CONSEQUENCE.
Deleting Your Account: You may stop using our Services at any time, and you may at any time ask Us to delete your Account by following the instructions in the Privacy Policy. Unless applicable law provides otherwise, We are under no obligation to provide any refund, benefit or other compensation when you request the deletion of your Account.
5. OWNERSHIP; LIMITED LICENCE
Games and Services: The Services consist of products owned or licensed by the Manc Games Corporate Family and are protected by copyright, trade mark, trade dress, patent and worldwide intellectual property rights and other applicable laws, rules or regulations. All such rights are reserved. These Terms do not grant you or any third party any right, title or interest in the Services or in any content within the Services.
As long as you comply with these Terms and with all other conditions, including the Community Rules and all Feature Terms, you may use all Services subject to these Terms for your non-commercial entertainment purposes. You accept that you will not use the Services for any other purpose and that Manc Games has no liability for any damage or loss arising from unauthorised use.
If you breach these Terms or the other terms that bind you, we may take action against you, including terminating your account and other measures. In addition, you may be breaking the law, including by infringing or violating Manc Games’ intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY MANC GAMES GAME, IS CONTRARY TO MANC GAMES POLICY AND MAY ALSO AMOUNT TO A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAW.
Your Account and Virtual Items: Notwithstanding anything stated in these Terms, in the Community Rules or in the Feature Terms for the features you choose to use, the Account you create on our Services, including in our Games, does not belong to you and is not your property. Likewise, Virtual Items are not yours, regardless of whether you have “earned” or “purchased” those Virtual Items through the Services. Your Account and all related Virtual Items are the property of Manc Games. Manc Games grants you a limited licence and right to use your Account and the related Virtual Items for as long as we provide our Services to you.
IN ORDER TO AVOID RETAINING DATA THAT IS NO LONGER NECESSARY AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT HAVE BEEN INACTIVE (FOR EXAMPLE, NOT LOGGED IN) FOR 180 DAYS.
You are prohibited from transferring Virtual Items outside the Services (e.g. to the “real world”) in order to sell, gift or trade them. We will not recognise such transfers as valid. You are prohibited from sublicensing, trading, selling or attempting to sell Virtual Items for “real” money, or from exchanging Virtual Items for anything of value outside the game. Such transfers or attempted transfers are prohibited and void, and we may terminate your Account for this reason.
User Content: If you share, transmit or upload User Content to the Services, you are deemed to have agreed that this content:
- is accurate;
- is not confidential information;
- is not contrary to law;
- does not breach contractual obligations or the rights of other parties, and that you have obtained permission to use the User Content from the parties who own the personal or other information or the intellectual property contained in the User Content;
- does not contain viruses, adware, spyware, worms or other malicious code;
- complies with our Community Rules.
Your User Content will be processed by Manc Games in accordance with our Privacy Policy. You alone are responsible for protecting and backing up your own content.
All User Content that you share, publish or transmit will be treated as non-proprietary and non-confidential content. You retain all ownership rights in the User Content, and you have granted Manc Games a perpetual and irrevocable (except as provided below or in the Privacy Policy), worldwide, royalty-free, non-exclusive licence to use, reproduce, distribute, prepare derivative works of, display and perform your User Content and all modified and derivative works of it in connection with the Services, including in marketing and promotions. To the extent permitted by applicable law, you waive any moral rights you may have in the User Content (the right to be identified as the author of the User Content or the right to object to the use of that User Content for a particular purpose).
We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms and the Community Rules or with the applicable Feature Terms. We also have the right to disclose your identity to any third party who claims that any of your User Content infringes their intellectual property rights or any of their rights. We may disclose your User Content to third parties or to government bodies where we are legally required to do so.
If you request the deletion of your Account through our Personal Data Request Portal in the manner described in our Privacy Policy, Manc Games’ licence over your User Content ends; the following are exceptions to this:
- User Content submitted in response to Manc Games promotions will be subject to any Feature Terms and to other promotional terms;
- User Content that has been shared with others but not deleted, or that has already been used publicly as permitted by these Terms; and
- User Content that is subject to other licence terms with Manc Games, which will be subject to the terms of that licence.
If you send a request for the deletion of your User Content, we will take reasonable steps to remove your User Content from active use, including hiding your User Content in our systems. However, User Content may remain in our systems (for example in backup copies). We may also keep copies of User Content in our systems if we have a reasonable belief that we are legally required to do so.
When you share, publish or transmit your observations and comments about the Services in places such as forums, blogs and chat features, we cannot guarantee that other users will not use the ideas and information you have shared. If you have an idea or information that you want to keep confidential and/or do not want others to use, do not share it. MANC GAMES CANNOT BE HELD RESPONSIBLE FOR THE USE OR APPROPRIATION BY OTHER PEOPLE OF ANY CONTENT OR INFORMATION THAT YOU SHARE, PUBLISH OR TRANSMIT IN ANY FORUM, BLOG OR CHAT ROOM.
6. USE OF THE SERVICES AND MONITORING OF USER CONTENT
We have no obligation to monitor the Services for unlawful User Content or for other players’ inappropriate or unlawful activities, and we have no liability in relation to such acts. In addition, we cannot be held responsible for information, materials, products or services shared by other players (for example on their own profiles), and User Content is not endorsed by us. By using our Services, you understand that you may be exposed to conduct that you may consider offensive or otherwise inappropriate. We do not endorse the User Content published on the Services and we do not guarantee its reliability or accuracy. However, if anyone is breaching these Terms or misusing the Services, please report this to us through Customer Support using the “Report Abuse” link in the Services.
We have no obligation to monitor the Services. We have the sole discretion and right to monitor, record or store your interactions with the Services and the communications you have with Manc Games or with other players while using the Services (including but not limited to communications established through in-game messaging or video chat). For more information, please review our Privacy Policy. We may also choose, at our discretion, to edit, refuse to publish or remove User Content or other materials that we consider objectionable. If we determine that your communications or your User Content breach these Terms, the Feature Terms or the Community Rules, we may, at our sole discretion and without notifying you, remove your ability to share User Content or to communicate with other players, and we may terminate your access to the Services entirely.
7. YOUR INTERACTIONS WITH OTHER PLAYERS
You are responsible for your interactions with other players. If you have a problem with another player, we have no obligation to become involved, but we may do so if we wish.
If you fall into a dispute with another player, you release the Manc Games Corporate Family and all Manc Games Associates from every kind of liability, claim, demand and/or damage (actual or consequential), whether known or unknown, that may arise out of or as a result of that dispute. This includes damages arising from loss of revenue, goodwill, use or data. This does not apply to users located in the EEA or in Brazil. If you are located in the EEA or in Brazil, your mutual liability with Manc Games is as set out in the applicable laws of your country of residence.
Within the Services we may offer you the opportunity to play with your friends or with other matched opponents. In order to ensure that you always have opponents at the right skill level, some of these matched opponents may be automatically generated players that look and play like real people.
If you are located in California, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which, if known by him or her, would have materially affected his or her settlement with the debtor.” We may allow you to use the Services to initiate SMS or MMS messaging with your friends, family or other contacts. You are not obliged to send such messages; you are solely responsible for them, and you understand that your standard message and data rates are based on the plan you have with your mobile telephone network. You also understand that Manc Games does not control the recipients, content or timing of messages. If you choose to send messages through the Services, you represent and warrant to us that the recipient has consented to receiving the message as appropriate.
8. PAYMENT TERMS
We provide a service in the form of access to games, Virtual Items and our other Services. In the Services you may use “real world” money to obtain a limited licence and right to use Virtual Items and/or other materials or services.
How It Works: By visiting the purchase page of one of our games or Services and authorising billing through the platform you play on (e.g. Facebook, Apple, Google), you obtain a limited licence and the right to use Virtual Items.
When you make a purchase through Manc Gamesgames.com, Manc Gamespoker.com, gotslotscasino.znyga.com or any website owned by Manc Games, the payment page informs you of the payment methods you can use to make your purchase. The price of the product will be the price stated on the order page when you place your order. Once your order is complete, we will send you a confirmation email containing the details of the product you ordered. Please check as soon as possible whether the details in the confirmation message are correct, and keep a copy for your own records. https://mancgames.com/ keeps a record of these transactions so that it can deal with any questions that may arise about them in the future.
When you purchase Virtual Items in our games or on other platforms such as Facebook, Apple or Google, Manc Games is not a party to the transaction and your purchase will be carried out in accordance with the third-party platform’s payment terms and conditions. Please review those platforms’ terms of service for more information. You may also contact our Billing Support team, as described below, with questions about purchases you make through Facebook or Google.
For Virtual Items, your order constitutes an offer to us to obtain a limited licence and right to use the relevant Service(s) or Virtual Item(s), and that licence and right will be accepted by us when we accept payment. The limited licence begins at that point.
For orders to obtain a limited licence and right to use Virtual Items, by clicking the purchase/order button in the purchase window or page:
- we agree that we will supply your Virtual Item to you as soon as we accept your order; and
- if you reside in the European Union (“EU”), you are deemed to accept that, under the EU Consumer Rights Directive (as implemented by the laws of your country), you no longer have the right to cancel once we have begun supplying the Virtual Item to you.
Although you have the chance to “earn”, “receive” or “purchase” Virtual Items in our Services, you are deemed to accept that you do not actually “own” the Virtual Items and that the amount of a Virtual Item does not correspond to real currency or to an equivalent credit balance. The “virtual currency” balance shown in your Account does not constitute a real-world balance or stored value; it has meaning only as an indication of the duration of your limited licence.
ALL SALES ARE FINAL: YOU ARE DEEMED TO ACCEPT THAT MANC GAMES IS UNDER NO OBLIGATION TO PROVIDE A REFUND FOR ANY REASON, AND THAT WHEN YOUR ACCOUNT IS CLOSED — WHETHER OR NOT THAT CLOSURE IS VOLUNTARY, AND WHETHER YOU MADE YOUR PURCHASE THROUGH MANC GAMESGAMES.COM OR THROUGH APPLE, GOOGLE, FACEBOOK OR ANY OTHER SITE OR PLATFORM ON WHICH WE OFFER OUR SERVICES — YOU WILL NOT RECEIVE MONEY OR ANY OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS.
PURCHASES MADE TO OBTAIN A LIMITED LICENCE AND THE RIGHT TO USE VIRTUAL ITEMS ARE ENTIRELY NON-REFUNDABLE TO THE EXTENT PERMITTED BY LAW. Additional Payment Terms: You agree to pay all charges and related taxes accrued by you or by anyone using an Account registered to you. Manc Games may revise the pricing of the products and services it offers you through the Services at any time.
Subscriptions are also subject to our additional Subscription Terms.
9. PROMOTIONS AND OFFERS
We may offer limited-time promotions from time to time. Please review the official rules (if any) and the Feature Terms relating to any promotion. Those rules will be treated as being in addition to these Terms.
We may also make Offers from time to time. Neither are we obliged to make an Offer, nor are you obliged to accept one. Offers may not be transferred, redeemed or exchanged for anything else of value, except at our discretion. If you accept an Offer, you may have to sign a declaration of eligibility and release of liability or other documents in order to receive the Offer. For some Offers there will be taxes and other charges, travel and activities outside the virtual world, all of which will be made known to you before you accept the Offer. If you accept any Offer, you are deemed to have accepted all obligations relating to that Offer.
10. THIRD-PARTY ADVERTISING
Our Services may host advertising both from us and from other companies. Our Privacy Policy explains what kind of information we share with advertisers. Please read it.
Sometimes, in our Games or Services, we link to third-party companies’ websites, or to third-party companies that invite you to take part in a promotional offer and in return give you a feature or an upgrade of the Services (for example in-game currency). Any payment or obligation arising from your dealings with these other companies is your responsibility.
We are not responsible for any third-party website that we link to in our Services, and such a link does not mean that we verify or endorse the linked site or any information you obtain from it. We have no liability in relation to any claim that may arise from third parties’ content, products and/or services.
Please remember that the third-party sites we link to are not under our control and may collect data, or may ask you to provide personal or other information, or may collect information from you automatically. When you use such third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We bear no responsibility for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they obtain from you.
11. COPYRIGHT NOTICES/COMPLAINTS
We respect the intellectual property rights of others and we expect you to do the same. We respond to notices of alleged copyright infringement submitted in accordance with the Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and related EU legislation, and other local laws that are similar or equivalent. For more information, please go to Manc Games’ Copyright Page and review the Notice Guide. If we determine that a player is a “repeat infringer”, we reserve the right to terminate that player’s access to the Services. We are not obliged to notify the player before doing so.
12. FEEDBACK AND UNSOLICITED IDEAS
We may ask you for feedback on certain features through a promotion or a customer insight programme. You are not obliged to respond to our request. Feedback that you submit through a promotion or programme at our request is subject to the rules of that promotion or programme. In addition, all ideas, information or feedback that you send us voluntarily are subject to our Unsolicited Ideas Policy.
13. AVAILABILITY OF THE SERVICES; DISCLAIMER OF WARRANTIES
The Manc Games Corporate Family and the Manc Games Associates make no promise and give no warranty that the Services, or any content within the Services, will always be available, uninterrupted or error-free. For commercial and operational reasons we may suspend, withdraw or restrict the availability of all or any part of our Services.
THE RISKS OF USING THE SERVICES ARE YOURS ALONE. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MANC GAMES, THE MANC GAMES CORPORATE FAMILY AND THE MANC GAMES ASSOCIATES MAKE NO WARRANTY, TERM OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION TO THE SERVICES. MANC GAMES, THE MANC GAMES CORPORATE FAMILY AND THE MANC GAMES ASSOCIATES GIVE NO WARRANTY OF TITLE AND NO IMPLIED WARRANTY, TERM OR OTHER GUARANTEE OF NON-INFRINGEMENT, MERCHANTABILITY, NON-INTERFERENCE WITH USE OR FITNESS FOR A PARTICULAR PURPOSE.
If your state or country does not allow this disclaimer, these provisions do not apply to you. If your state or country requires a specific period during which a warranty applies, the shorter of the following will apply: 30 days from your first use of the Services, or the shortest period required by law.
14. LIMITATIONS; DISCLAIMER OF LIABILITY
YOU ACCEPT THAT MANC GAMES, THE MANC GAMES CORPORATE FAMILY AND THE MANC GAMES ASSOCIATES WILL NOT BE LIABLE FOR (1) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF REPUTATION OR LOSS OF DATA, ARISING IN ANY WAY FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES; OR (2) THE ACTS OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND THE OPERATORS OF EXTERNAL SITES.
IN ADDITION TO THE RISK OF USING THE SERVICES AND EXTERNAL SITES, THE RISK OF INJURY ARISING FROM THE SERVICES AND EXTERNAL SITES IS ALSO ENTIRELY YOURS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY UNDER ALL CAUSES OF ACTION IN ANY FORUM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), AND ALSO APPLY TO DAMAGES OR INJURIES CAUSED BY THE SERVICES OR ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MANC GAMES, THE MANC GAMES CORPORATE FAMILY AND/OR THE MANC GAMES ASSOCIATES IS LIMITED TO THE TOTAL PAYMENTS YOU MADE TO MANC GAMES, THE MANC GAMES CORPORATE FAMILY AND/OR THE MANC GAMES ASSOCIATES WITHIN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY BEFORE THE DAY ON WHICH THE CLAIM YOU SUBMITTED WAS FIRST MADE.
IF YOU HAVE NOT MADE ANY PAYMENT TO MANC GAMES, THE MANC GAMES CORPORATE FAMILY AND/OR THE MANC GAMES ASSOCIATES WITHIN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY BEFORE THE DAY ON WHICH THE CLAIM YOU SUBMITTED WAS FIRST MADE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE BETWEEN YOU AND MANC GAMES, THE MANC GAMES CORPORATE FAMILY AND/OR THE MANC GAMES ASSOCIATES IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties, or of the limitations/exclusions of liability described above, which means that these limitations/exclusions may not apply to you if you live in one of those states or countries. These limitations/exclusions apply in full to residents of New Jersey.
These limitations/exclusions do not apply to users located in the EEA or in Brazil. For those users: if Manc Games does not comply with these Terms, Manc Games is responsible for the loss and damage you suffer as a foreseeable result of Manc Games breaching these Terms or of Manc Games’ negligence, but Manc Games is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach, or if it was contemplated at the time you and Manc Games accepted these Terms.
15. GOVERNING LAW
If you are located in the United States, these Terms and the relationship between us will be governed by the law of California, excluding its conflict of laws principles.
If you are located anywhere outside the United States or Brazil, these Terms and the relationship between us will be governed by the law of Ireland, excluding its conflict of laws principles. If you are located in Brazil, Brazilian law will apply.
16. LEGAL DISPUTES
Before bringing a formal claim, you must first contact our Customer Support team at https://www.mancgames.com. If Manc Games is unable to resolve the dispute through Customer Support, you may bring a legal claim in the appropriate forum as described in the rest of this section.
If you are located in the United States, legal proceedings (other than small claims actions) must be brought in the state or federal court in San Francisco, California, unless the parties have mutually agreed on another venue. You, Manc Games and the Manc Games Corporate Family have agreed that San Francisco, California is the legal venue and jurisdiction.
If you are located anywhere outside the United States, then unless all parties agree on another venue, proceedings must be brought before a court having jurisdiction in the country of your habitual residence (the “Competent Jurisdiction”). You, Manc Games and the Manc Games Corporate Family have agreed that the Competent Jurisdiction is the legal venue and jurisdiction.
17. SEVERABILITY
Each paragraph of these Terms operates separately. If any part of these Terms, the Feature Terms or the Community Rules becomes unenforceable, the remaining parts of these Terms, the Feature Terms and the Community Rules will continue to be valid and binding, and the provisions that have become unenforceable will be replaced by the provision that comes economically closest to the unlawful or unenforceable provision.
18. ASSIGNMENT
We may transfer our rights or obligations arising from these Terms, the Feature Terms or the Community Rules to any person or entity at any time, whether or not we have your consent. You may not transfer your rights or obligations arising from these Terms, the Feature Terms or the Community Rules to anyone without first obtaining Manc Games’ written consent, and any attempted transfer made without our consent is void.
19. ENTIRE AGREEMENT
These Terms, and all other policies or rules to which we refer in these Terms, constitute the entire agreement between you and us in relation to the subject matter of these Terms, and supersede all prior understandings between the parties in relation to the subject matter of these Terms, whether that understanding between you and us was electronic, oral or written, or was made by custom, practice, policy or precedent. This provision does not apply to users located in the EEA.
20. LANGUAGE OF THE TERMS
If we have provided a translated version of these Terms, the Feature Terms, the Community Rules, the Privacy Policy or any other rules or policies, this has been done for information purposes only. If the translated versions differ in meaning from the English version, then the version that prevails will be the English version. This provision does not apply to users located in the EEA or in Brazil.
21. NO WAIVER
The fact that we do not enforce our rights under these Terms, under the Feature Terms or under the Community Rules does not mean that we waive our right to enforce them in the future. And the fact that we have expressly waived a provision of these Terms, the Feature Terms or the Community Rules does not mean that it is waived on every future occasion. If we waive your failure to perform an obligation, or your objection, we will do so in writing, and that will not mean that we will automatically waive any later failure to perform an obligation or any later objection.
22. NOTICES
If we are required to give you a notice under the Terms, the Feature Terms or the Community Terms, we may do so by publishing a message at https://mancgames.com/, or in the Manc Games game(s) you play, and by sending an email, or by contacting you in other ways through the contact details you have provided to us.
23. FORCE MAJEURE
We bear no liability for changes or problems caused by matters beyond our control, such as natural disasters, war, acts of terrorism, riot, embargo, acts of civil or military authorities, fire, flood, accident, failures in network infrastructure, strikes, or shortages of transport services, fuel, energy, labour or materials. This provision does not apply to users located in the EEA.
Summary of the Most Recent Changes
- We have made some changes to how we resolve disputes that may arise. Previously our Terms of Service initiated a mediation process for disputes between players and Manc Games. Our updated Terms of Service provide for disputes to be resolved through the courts.
- We have made some changes that affect players in Brazil. These changes include the requirement that players in Brazil be at least 18 years old in order to use our Services.
- We have also added a clarification about our ability to make changes to our Services.
