Terms and Conditions

Merrydown PLC terms of use

1. Agreement to terms

If you do not agree with any of these Terms of Use please exit this Site now, because by using this Site you will be deemed to have irrevocably agreed to these Terms of Use.

Please note that these Terms of Use may be revised and reissued by us at our sole discretion without notice at any time by updating this posting. Any such revisions may include extending the Terms of Use to include other terms and conditions applicable to specific services, products or promotions offered by us from time to time. Any revisions made will take effect 3 days after posting on this Site. Every time you wish to use this Site, please check these Terms of Use to ensure you understand the terms that apply at that time, since your continued use of this Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on 12 June 2017.

2. How to contact us

This Site is controlled and operated by Shloer, Merrydown PLC of Manderson House, 5230 Valiant Court, Delta Way, Brockworth, Gloucester, GL3 4FE, England. In order to contact Shloer, Merrydown PLC, in the first instance please either email info@shloer.com or write to Shloer, Web Master, Merrydown PLC, of Manderson House, 5230 Valiant Court, Delta Way, Brockworth, Gloucester, GL3 4FE, England.

3. There are other terms that may apply to you.

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Click here to show this Privacy Policy notice, (although please note that this does not form part of these Terms of Use).

Our Cookie Policy sets out information about the cookies on our site.

4. Changes to the Site

We may update and change the Site from time to time to reflect changes to our products, our users’ needs and our business priorities.

5. We may suspend or withdraw the Site

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. Trademarks and copyrights

This Site, together with the Site design, text and graphics and their selection and arrangement, all software compilations and underlying source code and all materials, characters, logos or other images on this Site (together Material) are protected by copyrights, trade marks or other intellectual property rights which are owned and controlled by Merrydown PLC or by other parties that have licensed their material to Merrydown PLC or consented to its usage (together Rights). Merrydown PLC respects the intellectual property rights of others and asks users of this Site to do the same. Your use of this Site carries with it no rights in relation to Merrydown PLC or third parties Rights. All right, title or interest (including all Rights) in this Site belongs to Merrydown PLC (or the applicable third party) and you acquire no proprietary interest in this Site or in any Material.

7. Your use of material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use and all applicable laws and regulations. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Rights and is prohibited. You may not remove, modify or obscure the copyright notice or other notices contained in this Site or anything retrieved or downloaded from this Site.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, downloaded, posted, transmitted, distributed, saved, modified, publicly performed or used for any purposes, whether commercial or non-commercial, unless specifically authorised by Merrydown PLC , except to the extent necessarily required in order for you to display, use and navigate this Site. Any authorisation to copy Material granted by Merrydown PLC in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. In addition, , you may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense or create derivative works from this Site or any of the Material, which includes the information and software made available on this Site.

8. Submissions

Merrydown PLC is interested in hearing from you. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send Merrydown PLC any such unsolicited submissions.

From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (Invited Submissions). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (Additional Terms), since they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.

In any event, any material you send to us will not be treated as confidential. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You understand and agree that all materials publicly posted (other than by Merrydown PLC) or privately transmitted on or through this Site are the sole responsibility of the sender, not Merrydown PLC, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

9. Our use of content

Merrydown PLC will consider anything you provide to Merrydown PLC and/or contribute to this Site as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see section 6 (Forums, Postings and E-mails) and section 7 (Submissions) above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to Merrydown PLC (User Content), you automatically and irrevocably: (a) grant to Merrydown PLC a perpetual worldwide royalty free licence for Merrydown PLC and/or for any person authorised by Merrydown PLC, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, to use, reproduce, distribute, modify, publish, display, broadcast, transmit and make available to users of this Site, and/or to exploit in any other way, the User Content and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals); (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (d) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Merrydown PLC shall not be liable for any use or disclosure of such User Content.

10. System abuse

Without limitation, you agree not to send, create or reply to so called mailbombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

11. Security

You must not use any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Merrydown PLC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

12. Service

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to this Site on the World Wide Web (including a computer, modem and/or other access devices).

Merrydown PLC, reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Merrydown PLC reserves the right to suspend, restrict, or terminate access to this Site and/or edit, refuse to post or remove any Invited Submissions or any other material you submit for any reason at any time.

13. Local regulations

Merrydown PLC makes no representation that Materials or other content in this Site are appropriate or available for use outside the United Kingdom. If you choose to access this Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable.

14. Indemnity

You agree to indemnify and hold harmless Merrydown PLC and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from the breach by you or any person who may be authorised by you or for whom you are responsible (for example as employer) of any of these Terms of Use and/or from your placement or transmission of any Invited Submissions or any other material that you submit for any reason at any time onto this Site, and/or from any and all use of your account.

15. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in clause 8.

16. Third party sites

Merrydown PLC may provide links to other websites or resources and may post or make available content provided by third parties (Third Party Content) solely as a convenience to its users. Merrydown PLC’s role in providing Third Party Content is as distributor only and accordingly Merrydown PLC does not review, assess, examine or endorse such Third Party Content including the accuracy or reliability of any text, information, data, photographs, graphics, advertisements, promotions, representations or statements. In addition, Merrydown PLC does not know, does not examine and does not accept any duty to examine the way that you or other users use this Site or the nature of the information that you or other users are sending or uploading to this Site and Merrydown PLC therefore excludes all liability of any kind (including for libel, breach of confidence, intellectual property right infringement, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature by, about or to you.

17. You acknowledge and agree that:

unless Merrydown PLC expressly agrees otherwise, it is not responsible for services provided by third parties on this Site or for the availability of any sites or material you access through this Site;

Merrydown PLC will not be party to any transaction or contract with a third party that you may enter into and Merrydown PLC shall have no liability to you in respect of any such transaction, whether arising in contract, tort, under statute or otherwise; and

you will not involve Merrydown PLC in any dispute between you and a third party.

In particular, Merrydown PLC cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from this Site since other shop channels are owned and operated by independent retailers. Merrydown PLC does not endorse any of the merchandise, nor has Merrydown PLC taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. Merrydown PLC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any such third party.

18. Do not rely on information on this Site

The content on this Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

19. Our obligations and limitations on liability

MERRYDOWN PLC CANNOT AND DOES NOT GUARANTEE THAT THIS SITE WILL ALWAYS BE FULLY OPERATIONAL OR ERROR FREE IT DOES NOT ACCEPT RESPONSIBILITY FOR ANY DEFECTS THAT MAY EXIST OR FOR ANY COSTS OR LOSSES THAT MAY ARISE FROM YOUR USE OF THIS SITE OR ANY INABILITY TO ACCESS THIS SITE.

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

20. Governing law

The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting video games and other products available in the United Kingdom. This Site is controlled and operated by Merrydown PLC from its offices within the United Kingdom.

If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, please note that these Terms of Use shall be governed by and construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the English courts.

The failure of Merrydown PLC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Merrydown PLC relating to the matters referred to in these Terms of Use.