The terms of this agreement ("Terms of Service" or “Terms”) govern the relationship between you and Outerdawn(hereinafter "Outerdawn" or "Us" or "We") regarding your use of Outerdawn’s social games and related services that are made available on facebook, which include applications for mobile devices and Outerdawn branded websites (the"Service").In this agreement, "Outerdawn" means Outerdawn Limited, a company registered in New Zealand.
You can see these terms at any time by using the link at the bottom of the Game page. You are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.
If you violate the Terms, Outerdawn reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that Outerdawn need not provide you notice before terminating or suspending your account(s), but it may do so.
Outerdawn reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
Subject to your agreement and continuing compliance with these Terms of Service, Outerdawn grants you a non-exclusive, non-transferable, revocable limited license to use and display our Games (but not the related object and source code) for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The Service may include an opportunity to purchase virtual, in-game currency ("Virtual Currency") that may require you to pay a fee using "real money" to obtain the Virtual Currency. The Service may also include virtual, in-game digital items (“Virtual items”) that may be purchased from Outerdawn for “real money” or for Virtual Currency. Virtual Currency and Virtual Items can never be redeemed for real money, goods.
Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except in Outerdawn's sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.
Outerdawn retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual items at its sole discretion. Prices and availability of Virtual items are subject to change without notice.
Outerdawn owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Outerdawn game, whether “earned” in a game or “purchased” from Outerdawn.
Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Outerdawn’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming third party virtual currency, such as Facebook Credits.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. Outerdawn keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Outerdawn is not a party to the transaction.
For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when We make the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.
Your license to Virtual Items for use in Outerdawn games is a service provided by Outerdawn that commences upon acceptance by Outerdawn of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that Outerdawn will provide it to you promptly following completion of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT Outerdawn IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
By playing our Games, you give your consent to the way we may collect, process and use your personal data. Any personal information that we may collect is also subject to the policy of this social network. By playing our Games you are giving the social network permission to share your email address and other information that will allow us to personally identify you. This is intended to make our Games more enjoyable for you and others that play our Games on the social network. If you do not agree to our privacy policy you shouldn't play our Games.
We may use cookies to store certain types of information each time you play our Games. They may for example be used to help us recognise your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account. We reserve the right to provide information that you have provided to us and which could be used to identify you personally to a third party if we are legally required to do so. Otherwise, however, we will not disclose such information to any third party without your consent. We agree to comply with all laws that relate to how your personal information can be used.
We will retain your personal data only as long as is necessary for the purposes to which you consent under these terms and then we will delete it from our systems.
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through an Outerdawn game client or the Service, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Outerdawn in accordance with its Privacy Policy.
Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Outerdawn. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Outerdawn is not responsible for any files users upload, post, or otherwise make available. You agree that Outerdawn will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.
Outerdawn reserves the right to remove and permanently delete any User Content from the Service with or without notice.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the China copyright laws and/or similar laws of other jurisdictions. You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Outerdawn's express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, require express prior written permission from Outerdawn. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
Outerdawn and/or its Affiliates remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Outerdawn. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by Outerdawn, or any derivative works thereof. You agree that you are willingly publishing the content on the Service using technology and tools provided by Outerdawn. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of Outerdawn. You grant Outerdawn the right to act as an agent on your behalf as operator of the application.
WITHOUT LIMITING ANY OTHER REMEDIES, Outerdawn MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Outerdawn SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND Outerdawn IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
Outerdawn reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Outerdawn shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE Outerdawn PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID Outerdawn ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Outerdawn IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
INDEMNIFICATION
You agree to indemnify, save, and hold Payshoo, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Outerdawn reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Outerdawn, and you agree to cooperate with Outerdawn’s defense of these claims. Outerdawn will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
Without limiting clause 11, during any period of twelve months, our total liability to you under these terms (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the amount that you have paid to us in the 80 day period ending on the date of your claim.
This Terms of Service shall be governed by and interpreted in accordance with the laws of British Virgin Islands.. Any legal action or proceeding arising under this Terms of Service will be brought exclusively in courts located in British Virgin Islands. and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.