Contract

Ork Manager – Terms and Conditions

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use Ork Manager: Coal & Top hats (“Our Web Game”). Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Web Game immediately.

§1. Definitions and Interpretation

  • §1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
    • Account”: means an account required to access and use Our Web Game, as detailed in Clause §4;
    • Content”: means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer, or forms part of, Our Web Game;
    • Virtual Currency and Virtual Goods”: means the virtual currency and/or virtual goods Users can purchase in Our Web Game, as explained in Clauses §5 and §6;
    • User”: means a user of Our Web Game;
    • User Content”: means any user content created and/or uploaded by Users in or to Our Web Game; and
    • We/Us/Our”: means Goblinsama Limited, a limited company registered in Scotland under company number SC547915, with its registered address at 3 St Davids Business Park, Dalgety Bay, Dunfermline, Fife, FY11 9PF.

§2. Information About Us

Our Web Game is owned and operated by Goblinsama Limited, a limited company registered in Scotland under company number SC547915, with its registered address at 3 St Davids Business Park, Dalgety Bay, Dunfermline, Fife, FY11 9PF.

§3. Access and Changes to Our Web Game

  • §3.1 To access Our Web Game to play you will need to create an Account. Your username and login will be necessary to login to Our Web Game.
  • §3.2 We may from time to time make changes to Our Web Game:
    • §3.2.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by email of any such changes (including, if there is anything that you need to do), however they will be unlikely to materially affect your use of Our Web Game;
    • §3.2.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any such changes (including, if there is anything that you need to do), however they will be unlikely to materially affect your use of Our Web Game; and
    • §3.2.3 We may continue to develop and improve Our Web Game over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
  • §3.3 We will always aim to ensure that Our Web Game is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause §3.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Web Game.

§4. Accounts

  • §4.1 An Account is required to use Our Web Game.
  • §4.2 You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use Our Web Game, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
  • §4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
  • §4.4 We recommend that you choose a strong, unique password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
  • §4.5 You must not use anyone else’s Account.
  • §4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause §19.
  • §4.7 If you wish to close and delete your Account, you may do so at any time by writing us an email at the address you can find in Clause §23. Closing your Account will result in the removal of only your personal information from Our system. Closing your Account will not remove any User Content that you have created or uploaded from Our system.
  • §4.8 You must never own nor create more than one Account, except when doing so as per sub-Clause §4.2.

§5. Making Purchases

We will not charge you a fee to use Our Web Game. If you wish to purchase products or services in Our Web Game using a Virtual Currency (currently called ‘Dirty Gold’), you may be asked to supply certain information including credit card or other payment information. You agree that all information you provide will be accurate, complete and current. You agree to pay all charges, including handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred.

You will also be responsible for paying any applicable taxes relating to your purchases. Please review our Privacy Notice before submitting such information.

§6. Virtual Currency and Virtual Goods

Our Web Game, including software, may offer the ability to purchase and/or earn via game play a limited licence to use Virtual Currency (currently called ‘Dirty Gold’) and/or Virtual Goods exclusively within Our Web Game and applicable software. Such licence is subject to and specifically conditioned on your acceptance of, and compliance with, these Terms and Conditions and any other applicable policies or agreements. All in-game Virtual Currency and/or Virtual Goods may be consumed or lost by Users in the course of game play according to Our Web Game’s rules applicable to currency and goods, which may vary.

§7. Our Intellectual Property Rights and Licence

  • §7.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable, licence to use Our Web Game for personal (including research and private study), non-commercial purposes, subject to these Terms and Conditions.
  • §7.2 Subject to the licence granted to Us under sub-Clause §10.3, Users retain ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).
  • §7.3 All other Content included in Our Web Game (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
  • §7.4 You will be responsible and liable to Use in respect of any liability that We incur arising out of your use of Our Web Game not in accordance with these Terms and Conditions.
  • §7.5 By accepting these Terms and Conditions, you hereby warrant and undertake:
    • §7.5.1 That your use of Our Web Game will be consistent with this licence and any other applicable agreements or policies, and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law;
    • §7.5.2 Not to copy, download or otherwise attempt to acquire any part of Our Web Game;
    • §7.5.3 Not to disassemble, decompile or otherwise reverse engineer Our Web Game;
    • §7.5.4 Not to allow or facilitate any use of Our Web Game that would constitute a breach of these Terms and Conditions; and
    • §7.5.5 Not to embed or otherwise distribute Our Web Game on any website, server or similar.

§8. Links to Our Web Game

  • §8.1 You may link to Our Web Game provided that:
    • §8.1.1 You do so in a fair and legal manner;
    • §8.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
    • §8.1.3 You do not use any of Our logos or trade marks (or any others displayed on Our Web Game) without Our express written permission; and
    • §8.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
  • §8.2 You may link to any public page of Our Web Game (https://omct.orkmanager.com).
  • §8.3 You may not link to Our Web Game from any other website the content of which contains material that:
    • §8.3.1 Is sexually explicit;
    • §8.3.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
    • §8.3.3 Promotes violence;
    • §8.3.4 Promotes or assists in any form of unlawful activity;
    • §8.3.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
    • §8.3.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    • §8.3.7 Is calculated or is otherwise likely to deceive another person;
    • §8.3.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
    • §8.3.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause §8.3;
    • §8.3.10 Implies any form of affiliation with Us where none exists;
    • §8.3.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
    • §8.3.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

§9. Links to Other Content

We may provide links to other content such as websites, web Games and downloadable Games. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.

§10. User Content

  • §10.1 You agree that you will be solely responsible for any and all User Content that you create or upload using Our Web Game. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause §12.
  • §10.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause §12.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
  • §10.3 By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Web Game.
  • §10.4 The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark or patent laws under any jurisdiction.
  • §10.5 We may reject, reclassify, or remove any User Content created or uploaded using Our Web Game where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

§11. Intellectual Property Rights and User Content

  • §11.1 All Our Web Game content and generated User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, is owned, controlled by, licensed to, or used with permission by Us and is protected by copyright, trademark, and other intellectual property rights.
  • §11.2 Our Web Game and User Content is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of Us in each instance.
  • §11.3 You may download material intentionally made available for downloading through Our Web Game for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such material.
  • §11.4 We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.

§12. Acceptable Usage Policy

  • §12.1 You may only use Our Web Game in a manner that is lawful and that complies with the provisions of this Clause §12. Specifically:
    • §12.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
    • §12.1.2 You must not use Our Web Game in any way, or for any purpose, that is unlawful or fraudulent;
    • §12.1.3 You must not use Our Web Game to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
    • §12.1.4 You must not use Our Web Game in any way, or for any purpose, that is intended to harm any person or persons in any way.
  • §12.2 The following types of User Content are not permitted on Our Web Game and you must not create, submit, communicate or otherwise do anything that:
    • §12.2.1 is sexually explicit;
    • §12.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
    • §12.2.3 promotes violence;
    • §12.2.4 promotes or assists in any form of unlawful activity;
    • §12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
    • §12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    • §12.2.7 is calculated or otherwise likely to deceive;
    • §12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
    • §12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause §12.2);
    • §12.2.10 implies any form of affiliation with Us where none exists;
    • §12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
    • §12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  • §12.3 We reserve the right to suspend or terminate your Account and/or your access to Our Web Game if you materially breach the provisions of this Clause §12 and/or any of the other provisions of these Terms and Conditions, and/or any provision in the Game Rules. Specifically, We may take one or more of the following actions:
    • §12.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our Web Game;
    • §12.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;
    • §12.3.3 Issue you with a written warning;
    • §12.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    • §12.3.5 Take further legal action against you as appropriate;
    • §12.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
    • §12.3.7 Any other actions which We deem reasonably appropriate (and lawful).
  • §12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out in sub-Clause §12.3) that We may take in response to breaches of these Terms and Conditions and/or of the Game Rules.

§13. Advertising

  • §13.1 We may feature advertising within Our Web Game and We reserve the right to display advertising on the same page as any User Content.
  • §13.2 You agree that you will not attempt to remove or hide any advertising using adblockers, scripts, proxies, or by any other method.
  • §13.3 We are not responsible for the content of any advertising in Our Web Game. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in Our Web Game including, but not limited to, any errors, inaccuracies, or omissions.

§14. Problems with Our Web Game and Consumers’ Legal Rights

  • §14.1 If you have any questions or complaints regarding Our Web Game, please email Us at the address you can find in Clause §23.
  • §14.2 If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our Web Game:
    • §14.2.1 Any digital content provided by Us must be as described, fit for purpose, and of satisfactory quality. If digital content is faulty, you may be entitled to a repair or replacement. If a fault cannot be remedied, or has not been remedied within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. If, as a result of Our failure to exercise reasonable care and skill, any digital content of which Our Web Game is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to a repair or compensation.
    • §14.2.2 Any services provided by Us must be provided with reasonable care and skill and in compliance with information provided by Us. If We fail to do so, you may be entitled to require Us to repeat or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund.
    • §14.2.3 For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

§15. Disclaimers

  • §15.1 No part of Our Web Game or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.
  • §15.2 Subject to your legal rights if you are a consumer (as summarised above in Clause §14), insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Web Game will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
  • §15.3 We make reasonable efforts to ensure that the content contained within Our Web Game is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Web Game (and the content therein) is complete, accurate or up-to-date.
  • §15.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Our Web Game. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

§16. Our Liability

  • §16.1 If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and Us when the Contract between us was formed.
  • §16.2 If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Web Game or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Web Game.
  • §16.3 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
  • §16.4 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may Gamely to Our Web Game or any Content (including User Content) included in Our Web Game.
  • §16.5 If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
  • §16.6 We exercise all reasonable skill and care to ensure that Our Web Game is free from viruses and other malware. Subject to sub-Clause §14.2.1, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Web Game (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.
  • §16.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Web Game resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
  • §16.8 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

§17. Viruses, Malware, and Security

  • §17.1 We exercise all reasonable skill and care to ensure that Our Web Game is secure and free from viruses and other malware. We do not, however, guarantee that Our Web Game is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause §16.6.
  • §17.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
  • §17.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Web Game.
  • §17.4 You must not attempt to gain unauthorised access to any part of Our Web Game, the server on which Our Web Game is stored, or any other server, computer, or database connected to Our Web Game.
  • §17.5 You must not attack Our Web Game by means of a denial of service attack, a distributed denial of service attack, or by any other means.
  • §17.6 By breaching the provisions of sub-Clauses §17.3 to §17.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Web Game will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

§18. Privacy and Cookies, Game Rules

The Use of Our Web Game is also governed by:

§19. Data Protection

  • §19.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
  • §19.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

§20. Communications from Us

  • §20.1 If you have an Account or are a User of Our Web Game, We will from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our Web Game, and changes to your Account.
  • §20.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 14 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
  • §20.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at the address you can find in Clause §23.

§21. Other Important Terms

  • §21.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
  • §21.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
  • §21.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
  • §21.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
  • §21.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

§22. Changes to these Terms and Conditions

  • §22.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Web Game after the changes have been implemented. You are therefore advised to check this page from time to time.
  • §22.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

§23. Contacting Us

To contact Us, please email Us at <info+tos@orkmanager.com>.

§24. Law and Jurisdiction

  • §24.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.
  • §24.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in sub-Clause §24.1 above takes away or reduces your rights as a consumer to rely on those provisions.
  • §24.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
  • §24.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.
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