Outspark Terms of Service

Outspark Terms of Service

Welcome to Outspark! By registering and creating an account with Outspark, Inc. (“Outspark”) you are agreeing to comply with these Terms of Service (the “Terms”). The Terms also include the Outspark Privacy Policy, as well as guidelines or rules set forth on the Outspark website (the “Outspark Site”), currently located at www.outspark.com, or within an Outspark game (the “Outspark Game”, together with Outspark Site the “Outspark Service”). If you do not agree with these Terms, do not create an account and do not continue to use the Outspark Service.

In order to play an Outspark Game, you must register and create a valid account (the “Outspark Account”). You agree that the user account, including the unique SparkID username (the “Username”), is and will remain the property of Outspark. You may not select as your Username a name that violates any third party's trademark right, copyright, or other proprietary right, or which Outspark deems in its sole discretion to be vulgar or otherwise offensive. Outspark reserves the right to delete any vulgar or otherwise offensive Username, or to require you to change your Username. You must also select a secure password (the "Password") for your Outspark Account. Please keep your Password confidential and do not reveal it to anyone. We will never ask you for your Password.

It is your responsibility to select, obtain and pay for any equipment or services necessary in order to access the Internet. In order to play the Outspark Games, you must have access to a high speed Internet connection (such as a DSL or cable modem) and a PC that meets certain minimum necessary hardware and software requirements.

You acknowledge and agree that the Outspark Site and the Outspark Games contain materials owned by Outspark and its licensors (including other users), and you agree not to interfere with the copyrights, trademarks and other proprietary rights of such parties. You agree that these rights are valid and protected in all media existing now or later developed, and that except as is explicitly provided otherwise, your use of such materials shall be governed by the copyright laws of the United States and other applicable laws. We reserve the right to make changes to the Outspark Service, including, without limitation, removing and adding Outspark Games at anytime and without notice.

Subject to all of the Terms, Outspark hereby grants you a personal, non-exclusive, non-transferable license to access the Outspark Service solely for your personal entertainment purposes. Outspark may revoke this license at any time and for any reason.

1) Rules of Conduct

All users of the Outspark Service (the “Outspark Members”) have to adhere to these Terms at ALL times without exception when interacting with any aspect of the Outspark Service. You must observe these Terms, all applicable laws and also basic rules of etiquette, common courtesy, and common sense when using the Outspark Service. Any conduct that violates the law in an offline, real world community is also a violation of these Terms. Outspark will not tolerate any illegal conduct and will cooperate with law enforcement in relation to such behavior.

Outspark may take any action and impose any penalty we deem necessary to discourage and punish any violation of these Terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determinations as to whether a violation has occurred and who is responsible for such act are solely within Outspark's discretion, and are based on what we deem best for the community. By using the Outspark Service, you agree that you will be bound by Outspark's determination as to whether a violation has occurred and any penalty we choose to implement.

As with any community, you will encounter many different members with different backgrounds, experiences, and tolerance thresholds. The Rules of Conduct (the "Rules of Conduct", "RoC" and "Rules") have been drafted to ensure that the Outspark community is fun and safe for the greater majority of our Members.

WHILST USING THE OUTSPARK SERVICE, YOU MUST ABIDE BY THE FOLLOWING TERMS. THE FOLLOWING ARE THE BASIC RULES OF CONDUCT THAT GOVERN ALL PLAYER INTERACTIONS AND ACTIVITIES WITHIN THE OUTSPARK SERVICE AND THE RESPECTIVE PROPERTIES OF OUTSPARK. IF YOU FAIL TO ABIDE BY THESE TERMS, ALL OUTSPARK ACCOUNT(S), AND YOUR RIGHT TO USE THE OUTSPARK SERVICE, IS IMMEDIATLEY SUBJECT TO TERMINATION BY OUTSPARK AND REFUSED SERVICE TO ALL PRESENT AND FUTURE OUTSPARK PRODUCTS AND SERVICES. YOU ARE NOT ENTITLED TO REFUNDS OF ANY AMOUNT. UPON TERMINATION, YOU FORFEIT ALL OUTSTANDING OR UNUSED IN-GAME ASSETS, VIRTUAL MONEY, AND SERVICE USE GRANTED BY SUBSCRIPTION (AS APPLICABLE).

a) Any user created content for participation on the site, in any associated game, or for use in the Outspark Service including, but not limited to, Username, game IDs, guild and clan names, guild and clan emblems, chat content, forum threads and posts must be in compliance with the Terms of Service, all applicable laws, and the Outspark Naming Policy.

b) You may not modify, adapt, translate or create derivative works based upon any part of the Outspark Site, any Outspark Game, or any Outspark code without express written permission from Outspark.

c) You may not impersonate any Outspark employee or Outspark business partner or its respective employees, past or present including, but not limited to, support personnel.

d) You may not use any unlawful, threatening, abusive, obscene, harmful, defamatory, vulgar, harassing, hateful, racially, ethnically or otherwise objectionable language toward any other player, in any language as deemed inappropriate by support personnel. The availability of a profanity/language filter is not to grant permission or license to use such language in any form.

e) You may not threaten, harass, nor cause another player distress or create unwanted attention to other players, as interpreted or determined by Outspark support personnel at their sole and absolute discretion.

f) You may not organize or participate in any player association or group which is based on, or espouses any, racist, sexist, anti-religious, anti-ethnic, or other hatemongering philosophies. You may not organize or participate in any player association which habitually violates the Outspark Terms of Service and/or Game/Forum policies.

g) You may not use any sexually explicit language which is graphic, inappropriate, or depicts sexual acts including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals, or otherwise deemed inappropriate by Outspark support personnel.

h) You may not market, promote, advertise, or solicit (including multi-level marketing and chain letters) through the Outspark Service. This covers any type of virtual assets available on or through the Outspark Service as well as other online games and any real world items.

i) You may not directly or indirectly encourage, incite, or direct other Outspark Members to violate the Outspark Terms of Service, Rules of Conduct, or any applicable real world laws.

j) You may not violate any local, state, national or international law or regulation

k) You may not use the Outspark Service for any illegal purpose. You may not arrange for the exchange or transfer of any pirated/unlicensed software or other contraband while you are using the Outspark Service.

l) You may not post on the Outspark Site or within any Outspark Game any website address ("URL") and/ or link to any website which contain illegal/sexual material, content which could harm or disrupt another user's personal network, computer, and/or content which violates the Outspark Terms of Service.

m) You may not use the Outspark Service for any activities other than those permitted within the Outspark Site, an Outspark Game, or associated website or product.

n) You may not leave an Outspark Account logged into the Outspark Service while unattended via either a software applications or physical object(s). If your Outspark Game persona is performing an action of any kind, you must be able to respond to an Outspark representative if approached.

o) You may not exploit any bug, feature, or design within the Outspark Service. You may not intentionally use and/or share such information, real or fictitious, regardless of intent, or if it grants an unfair advantage. You may not directly or indirectly communicate the existence of such exploit to another user of the Outspark Service. You will report any such exploit via the bug reporting process outlined on the Outspark Site.

p) You will follow the instructions of authorized personnel while using the Outspark Service. Failure to follow said instructions may result in disciplinary account action, up to and including termination.

q) You may not communicate any player's real-world personal information, in any fashion, including your own, within the Outspark Service. You may not directly or indirectly share your Outspark Account Password or Outspark Account details with anyone, and you will not hold Outspark or its subsidiaries, responsible for any damages that may occur from doing so.

r) You may not give false information to or intentionally hide any information from Outspark, such as email addresses, account information, billing information, which may be required at the time you register with the Outspark Service. It is your responsibility to keep this information accurate and current.

s) You may not use, create, play, or provide any server emulation software or service with respect to the Outspark Service. You may not communicate, solicit, use or otherwise distribute any such application or any other software application related to the Outspark Service that does not have the express written permission of Outspark to be used with the Service.

t) You may not attempt to interfere with, hack, or otherwise decipher any transmissions to or from the servers running the Outspark Service, nor that of its providers.

u) You may not violate the intellectual property rights of a third party. You may not upload, transmit, or otherwise communicate copyrighted material which you do not own the rights to without express written permission of the author and/or copyright holder through the Outspark Service.

v) You may not intentionally accept a digital item or object that has been altered or otherwise manipulated outside of the Outspark Service. Outspark has the right to confiscate any such item(s) or object(s), without reparation, even if a player had no prior knowledge of the item's origin.

w) You may not do anything that interferes with the capability of other Outspark Members to enjoy the Outspark Service as defined by the Terms of Service, or that increases the expense or difficulty to Outspark of maintaining the Outspark Service for Outspark Members.

x) You may not intentionally submit inaccurate information, nor otherwise abuse any help, email, or petitioning system.

y) You may not attempt to use any aspect of the Outspark Service that is not authorized, approved, or controlled by Outspark or applicable license holders.

BY USE OF THE OUTSPARK SERVICE YOU ACKNOWLEDGE THAT YOU AGREE TO THESE TERMS AND WILL FOLLOW THEM IN THEIR ENTIRITY. YOU AGREE THAT THESE TERMS WILL APPLY TO ANYONE WHO HAS ACCESS TO YOUR OUTSPARK ACCOUNT. THIS INCLUDES ACCESS VIA YOUR APPROVAL, PERMISSION, OR BY OTHERWISE HAVING ACCESS TO YOUR OUTSPARK ACCOUNT OR OUTSPARK ACCOUNT INFORMATION (IN WHOLE OR IN PART). YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES WHICH MAY INCLUDE, (BUT ARE NOT RESTRICTED TO) WARNINGS, SUSPENSIONS OR TERMINATIONS OF YOUR ACCOUNT BASED UPON VIOLATIONS OF THESE TERMS BY ANY PERSON.

OUTSPARK MAY FIND IT NECESSARY TO ALTER, RESET, OR OTHERWISE CHANGE CERTAIN PARAMETERS OF, AN ON-GOING PRODUCT OR SERVICE IN ORDER TO REALIGN THE PRODUCT OR SERVICE WITH MARKET DEMAND. THESE MODIFICATIONS OR RESETS MAY AFFECT IN-GAME ASSETS, AVATARS, IN-GAME PERSONAS, AND MAY REGRESS THE PRODUCT OR SERVICE.

THESE RULES MAY BE MODIFIED, AMMENDED, OR OTHERWISE CHANGED AT ANY TIME. YOU AGREE TO VISIT THE OUTSPARK SERVICE TO REVIEW ANY CHANGES TO THESE RULES/TERMS WHICH MAY HAVE BEEN MADE. YOU AGREE TO CAREFULLY READ THESE TERMS AND CONDITIONS.

If you encounter any conduct or user submitted content on the Outspark Service which is in violation of these Terms, it is your duty and responsibility as an Outspark Member to report such conduct to Outspark as we cannot and do not prescreen all forms of communication in the community. We reserve the exclusive right to remove, edit, alter, modify, delete, or otherwise change any Outspark Member submitted content that is deemed inappropriate for the Outspark Service, or objectionable to us for any reason at any time. This action is in Outspark’s sole and absolute discretion.

2) Eligibility and Age Requirements

The Outspark Service is for users age 13 and over. In accordance with the Children's Online Privacy Protection Act of 2000, if you are under the age of 13, personal information cannot be collected from you and thus, you are prohibited from creating an Outspark Account through the Outspark Service, shall not be eligible to enter any prize awarding events and/or promotions and are asked not to provide any personal information of any kind on or through the Outspark Service, or to us.

As noted, the Outspark Service is for users age 13 and over. While children of all ages may view the Outspark Site, only those 13 or older can use the Outspark Site and related Outspark Games. We will not knowingly accept any applications, transactions or other submissions from anyone under the age of 13. If we learn that anyone under the age of 13 is attempting to complete such an action, Outspark will terminate the action if it is feasible to do so and subsequently delete any personal information submitted to Outspark. Also, Outspark does not knowingly accept, collect, maintain or use personal information regarding children under the age of 13 on this Site.

If a person or legal guardian of a child discovers that their child under the age of 13 has provided us with personally identifiable information and would like Outspark to stop collecting such information, or have the child's personal information deleted from our database records, they should contact Outspark at privacy@outspark.com. We will review, update, or remove the child's information as requested within a reasonable time.

If you are over the age of 13, but still considered a minor under the law of the relevant state, we ask that you review these Terms as well as our Privacy Policy with your parent(s) or legal guardian(s) to ensure they understand and agree to them. We strongly encourage parents or legal guardians to be positive and active role models to their children and spend time together with their children online, familiarizing themselves with the Outspark Service and overseeing any communication between their children and any other Internet users. It is strongly suggested that parents or legal guardians educate their children about online conduct, specifically including but not limited to, never revealing, distributing, or otherwise communicating their personal identifying information such as real names, images, addresses, or phone numbers without parental or guardian permission when using the Internet.

The Outspark Service is an ever-evolving community comprised of many different members with different experiences and backgrounds. While we may choose to monitor and take action upon inappropriate player conduct, chat or links to the Outspark Service, it is possible that at any time there may be language or other material accessible on or through the Outspark Service that may be inappropriate for children or offensive to some users of any age. This agreement outlines rules of conduct for players accessing the Outspark Service. We cannot ensure that all players will adhere to these terms and cannot remove all content or restrict access to all content that parents or guardians may find inappropriate or that any user may find objectionable. Outspark does not pre-screen the content, the materials or the communications transmitted by each player. As such, it is highly encouraged that parents provide guidance to users under the age of majority and exercise their parental responsibility in restricting access of their children to such content.

3) Usernames and Submissions

You agree that Usernames and all comments, feedback, suggestions, clan/guild images, icons, or emblems, photos, postings on forums, chat rooms and similar venues on the Outspark Service, emails and similar information or materials that you submit to Outspark regarding the games or the services of Outspark or the use or play of those games and services (the "Submissions") are not confidential and become public upon being made accessible or known to others. Therefore, Outspark strongly recommends that you not publish any personal information about yourself or others on or through the Outspark Service. You further agree to assign to Outspark, at no charge, all worldwide and perpetual rights, title and interest in copyrights and other intellectual property rights to the Username and Submissions. You acknowledge that you are responsible for the Submissions that you provide and for managing your Username and represent that they are in accordance with these terms and the Rules of Conduct. You, and not Outspark, have full responsibility for your Submissions and Username, including their legality, reliability, appropriateness, originality and copyright. As a matter of policy, Outspark does not prescreen or monitor any Submissions.

Except as expressly stated and agreed upon in advance by Outspark, no confidential relationship will be established in the event any user of the Outspark Service should make any oral, written or electronic communication to Outspark (such as feedback, questions, comments, suggestions, ideas, etc.). If any aspect of the Outspark Service requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Outspark shall obtain, use and maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and Outspark will be free to reproduce, publish or otherwise use such information for any purposes including, without limitation, the research, development, use or sale of games or services incorporating such information. You are fully responsible for the content of your communications, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

4) Outspark Account Creation

When creating an Outspark Account by completing and submitting the Outspark registration form, you represent that you reviewed, understand, and are in full compliance with the Terms. You must also provide truthful and accurate information in the registration process and be who you claim to be. If you are a minor, your parent(s) or guardian(s) must preside over your registration process and/or complete the registration process for you, in which case they will take full responsibility for all obligations under this Agreement and are completely liable for all activities conducted through the Account by you or any other party, whether authorized by the registered user or not.

During the registration process, you must select login information ("Login Information") comprised of a Username and a secure Password.

As creator of your Username, you are completely responsible for your identity and Outspark will not tolerate offensive, obscene, or otherwise inappropriate Usernames. If a Username violates any part of these Terms, determined at the sole and absolute discretion of Outspark support personnel, we may immediately, temporarily, or permanently ban the associated User Account from the Outspark Service, with or without notice or prior warning.

5) Participatory Content

Outspark provides you with certain opportunities to submit your own ideas, feedback and other materials (such as music, pictures, or video files) while you participate in the Outspark Service, or in other activities connected to the Outspark Service (for example, providing feedback by email or questionnaire during an alpha or beta test) (collectively, "Participatory Content"). By submitting any Participatory Content, you represent and warrant that you are the owner of or have the right to post your Participatory Content, and your Participatory Content does not infringe the rights of any third party. You hereby grant Outspark a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly display and perform any and all of your Participatory Content in all media now known or later developed. You, and not Outspark, are entirely responsible for all of your Participatory Content that you upload, post, email or otherwise transmit via or to the Outspark Service.

6) Disciplinary Action and Username Termination

Outspark can and does issue warnings, temporary suspensions and/or permanent terminations of User Accounts for violations of the terms set forth herein. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. The severity of a violation and number of occurrences factor into each decision, but they are not the only measures used to determine an appropriate response. User Accounts may be banned, both temporarily and permanently, without prior warning.

To avoid any doubt, you acknowledge that Outspark has sole discretion with respect to penalties and disciplinary actions even if there is a credit remaining on your Outspark Account.

If you feel you or your Username has been unfairly warned or disciplined, please submit a dispute request to the Outspark Helpdesk via the support request form currently located at http://support.outspark.com/. All submitted dispute requests will be carefully reviewed by Outspark. Any changes made to prior actions will be made at the sole discretion of Outspark.

7) Assumptions of Risk and Mature Content

YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE OUTSPARK SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE OR REFERENCES.

While there is no replacement for careful supervision of children using the Internet, the following software packages may be useful to parents: Net Nanny (http://www.netnanny.com), Cyber Patrol (http://www.cyberpatrol.com), Cybersitter (http://www.solidoak.com). Please be advised that Outspark does not endorse any one software package and is not responsible for the malfunction of any such software you may choose to use.

8) Account Security

You, as the registered user of an Outspark Account, are ultimately and completely responsible for maintaining confidentiality of your login information and the computer system used to access the Outspark Service. Further, you are solely responsible and liable for any and all uses of your Login Information, whether authorized by you or not. You may not directly or indirectly reveal your Password to anyone for any reason at any time or allow anyone else to access your Outspark Account. Sharing, trading, swapping, selling, buying, bartering, or otherwise distributing Outspark Accounts or Login Information is strictly prohibited and subject to disciplinary action up to and possibly including service termination at the sole and absolute discretion of Outspark. Outspark will NEVER ask for your Outspark Account Password and you should NEVER reveal it, EVER; even when contacting us about an account issue.

When creating a Username, you agree to indemnify and hold Outspark and its affiliates harmless for any improper use of such identity including, but not limited to, improper or illegal use by someone to whom you have revealed your Password in any way. Outspark is not responsible for any misuse of your Username, whether such misuse is by you or by third parties. When interacting in any online community we strongly recommend that all players think before they click and engage in safe internet practices at all times.

If you discover that the confidentiality of your Login Information may have been compromised, you are required to immediately and truthfully report this to Outspark Customer Support by submitting a support request via http://support.outspark.com/. We will coordinate with proper investigating authorities to hold individuals perpetrating online crimes accountable for their actions, including those who submit fraudulent or false reports.

9) System Requirements

Part of our mission at Outspark is to provide free, high-quality services, comprising games and web services, to Outspark Members. This entails the use by Outspark Members of hardware, software and Internet access. By using the Outspark Service, you acknowledge that hardware, software and Internet access play a crucial role in your user experience. You agree that Outspark is not responsible for any hardware, software or Internet access issues or unavailability and you further agree to hold Outspark harmless for any such issues that may arise.

You are solely and completely responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Outspark Service.

10) Server Outages

There will be regular periods of server maintenance as well as spot maintenance, usually coinciding with a new game or new service. Outspark will do its best to limit such downtime events.

You acknowledge that (i) Outspark will not be held liable for any loss of Outspark Member data resulting from server maintenance, spot maintenance or any other downtime event; (ii) Outspark will not be held liable for a user's inability to access paid services during any such downtime event; and (iii) Outspark will not be held liable for any delay or failure to operate the Outspark Services resulting from causes outside the reasonable control of Outspark, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Outspark's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Further, we cannot and do not promise or ensure that you will be able to access your Outspark Account whenever you want, and there may be extended periods of time when you cannot access your Outspark Account. You assume the entire risk as to the results and performance of the Outspark Services in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.

11) Service Update or Notice of Change

Outspark reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete access policies, the availability of any feature of the Outspark Service, hours of availability, content, data, software or equipment needed to access the Outspark Service, effective with or without prior notice. However, material changes to the Outspark Services (as determined at Outspark’s discretion) will be disclosed prior to or subsequent to such changes.

Outspark will provide you with notification of any material changes to the Outspark Service through the Outspark Services or via email. If any future changes to these Terms are unacceptable to you or cause for you to no longer be in compliance with these Terms, you must terminate, and immediately stop using, the Outspark Service. Your continued use of the Outspark Service following any revision to these Terms constitutes your complete and irrevocable acceptance of any and all such changes. Outspark may change, modify, suspend, or discontinue any aspect of the Outspark Service at any time. Outspark may also impose limits on certain features or restrict your access to parts or all of the Outspark Service without notice or liability.

12) Content and Ownership

You acknowledge that the Outspark Service contains graphics, music, sound effects, animation, video, style, and text (collectively, "Content"). Content may be provided under license by independent content providers and are referred to in this Agreement as "Content Providers."

Outspark owns, has licensed, or otherwise has rights to all of the Content that appears on the Outspark Service. You agree that you have no right or title in or to any such Content, including virtual in-game assets, or any other attributes or features of the Outspark Account or stored on the Outspark Service. You further agree that there are no refunds or restorations available for any intentionally or accidentally lost, misplaced, or deleted virtual assets. You further acknowledge that Outspark may, in its sole and absolute discretion, review any virtual asset issues and make a binding decision in accordance with these terms.

Outspark has developed and owns all images, graphics, text, programs and information appearing on the Site, as well as all trademarks, copyrights and other intellectual property rights therein (the "Outspark Materials"). You are authorized to use the Outspark Materials solely in connection with your use of the Outspark Service. Except as expressly permitted herein, you agree that you will not use or copy the Outspark Materials in any manner without Outspark's prior written consent.

Outspark is not liable for failure to remove content. You and/or any user of your Outspark Account assume all potential risk. Outspark has the right, not the responsibility, to remove Content anytime which it deems necessary, or otherwise for use in violation of these Terms.

You acknowledge and agree that all Outspark Accounts, Outspark Services, associated properties, and all aspects of characters, items, currency or coin and in-game assets (collectively, the "Virtual Assets") acquired and developed as a result of gameplay are part of the Outspark Service and are the sole property of Outspark. You further acknowledge that the Outspark Service permit access to Content that is protected by trademarks, copyrights, and/or other proprietary rights owned by Outspark or its Content Providers (collectively, "Rights"). These Rights are valid and protected in all content and across any media existing now or developed at a later time. Unless explicitly provided otherwise, your use of Content will be governed by the copyright laws of the United States and other applicable laws. You further agree that you may upload or otherwise publish on, or transmit through the Outspark Service only Content that is not subject to any Rights, or Content which a holder of Rights has given express authorization for distribution on the Outspark Service. By submitting Content to any area of the Outspark Service, you automatically grant (or warrant the owner of such Content has expressly granted) to Outspark the royalty-free, perpetual, irrevocable, and non-exclusive right to license and use, reproduce, modify, adapt, publish, broadcast, transmit, translate, or create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any media, form, or technology now known or later developed for the full term including any renewal term of any Rights that may exist in such Content.

You agree that Outspark owns all rights and interests in the Virtual Assets and retains the absolute right to modify its Virtual Assets. You acknowledge that Outspark has been, is, and will be constantly making changes to its games. You further acknowledge that Outspark can and will, in its sole discretion, modify features, functions or abilities of any element of the game or any Virtual Assets (which may, among other things, make the Virtual Assets substantially more effective or functional, or less effective or functional, more common or less common, or eliminated entirely).

You promise that you will never assert or bring any claim against Outspark, its licensors, or any employees of any of the above, which is related to or based on: (i) a claim relating to ownership of any Virtual Assets in the Outspark Service; (ii) a claim relating to the "value" of Virtual Assets deleted or modified by Outspark and/or associated with a terminated Outspark Account; (iii) a claim relating to Virtual Assets claimed, modified and/or deleted by Outspark pursuant to any provision set forth in the Terms, Rules of Conduct, Privacy Policy and/or any malfunctions and/or "bugs" found within the Outspark Service; (iv) a claim relating to any increase or decrease in the "value" of a Virtual Asset, and/or (v) a claim relating to time spent on the Outspark Service.

OUTSPARK RESERVES THE RIGHT TO ADJUST THE PRICING AVAILABILITY, FUNCITONALITY AND DESCRIPTIVE TEXT ASSOCIATED WITH VIRTUAL ASSETS AND SERVICES AT ANY TIME AND WITHOUT NOTICE. FURTHERMORE, OUTSPARK RESERVES THE RIGHT TO CORRECT ANY ERRORS IN VIRTUAL ASSET AND SERVICE PRICING AND FUNCITONALITY AT ANY TIME, AND TO CANCEL OR REFUSE TO ACCEPT ANY TRANSACTION BASED ON AN INCORRECT VIRTUAL ASSET OR SERVICE INFORMATION.

13) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTSPARK, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. OUTSPARK PROVIDES THE OUTSPARK SERVICE (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY OUTSPARK IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE OUTSPARK SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

14) Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUTSPARK AND ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT OR THE OUTSPARK SERVICE SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO OUTSPARK UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

IN NO EVENT WILL OUTSPARK, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT OUTSPARK, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUTSPARK, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

15) Payment Gateways/Virtual Assets, Refunds and Returns

Certain areas of the Outspark Service contain functionality related to the purchase and use of premium content, items and avatars (the "Premium Items") using a fictional currency ("SparkCash") that has no real world value. Regardless of any terminology used or any name freely given by Outspark to SparkCash, the terms and conditions related to SparkCash may change at any time without notice. The rights granted in the SparkCash and in the Premium Items are a limited license right available for one year from the data of purchase or less as specified or the case maybe. Outspark may charge fees for the right to use SparkCash.

Fees may also be charged for the right to use Premium Items, and the purchased Premium Items will be terminated within a set period of time from the date of purchase, of which the term will be set at the sole and absolute discretion of Outspark. Upon expiration, the Premium Items will be terminated and removed from your Outspark Account without prior notification. Knowledge of Premium Item expiration is the sole responsibility of each Outspark Member. You further agree that there are no refunds or restorations available for any intentionally or accidentally lost, sold, traded, misplaced, or deleted Premium Items. If any of your Premium Items are removed or deleted prior to the expiration date due to an Outspark.com game update, program upgrade, game policy update, or any other acceptable reasons, you should send a report to Customer Support within seven (7) days of the alleged loss and we will investigate the issue and offer a resolution, possibly including compensation in the form of an identical or comparable Premium Item or an equivalent amount of SparkCash. The resolution tendered is at the sole and absolute discretion of Outspark and all such decisions are final.

Outspark strives to provide free –to-play content via the Outspark Service. Outspark Members are not required to purchase Premium Items to fully enjoy the Outspark Service, however, Outspark Members may charge SparkCash to their Outspark Accounts using a payment gateway (e.g. PayPal) in order to acquire said Premium Items. Outspark is not affiliated with any payment gateway. Before using any payment gateway, Outspark recommends that each Outspark Member carefully review and agree to the payment gateways’ terms of service, which are separate from the Terms. When you present payment gateway information to Outspark, you represent to Outspark that you are the authorized user of such account.

ALL PAYMENTS FOR SPARKCASH ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT WHETHER OR NOT AUTHORIZED BY YOU.

If any payment from an Outspark Member tendered via a payment gateway is reversed, cancelled or charged back, the associated Outspark Account will immediately be suspended without notice or terminated if fraudulent activity is found.

Premium Items can only be used on the Outspark Service. Use of SparkCash or the Premium Items for any purposes other than as authorized on the Outspark Service, whether online or offline, is a violation of these Terms. Offering or advertising the purchase or sale of any Virtual Assets from our Site is strictly prohibited and a direct violation of the Terms.

You agree that Outspark has the absolute right to manage, regulate, control, modify and/or eliminate SparkCash and/or Premium Items. Outspark will have no liability to you based on the exercise of such rights.

If your use of any Outspark Service is subject to any use, sales or other taxes, or if Outspark offers any additional services for a fee as noted on the Outspark Service and you choose to partake in such services, Outspark may elect to invoice you for such charges, which may be equal to or additive to the rates noted on the Outspark Service. If you pay for the Outspark Service by credit card, you represent and warrant that you are the authorized user of such credit card. You agree to promptly notify Outspark of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Outspark if your credit card expires or is canceled for any reason. If you pay for the Outspark Service by payment gateway account, you represent and warrant that you are the authorized user of such account.

IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE OUTSPARK SERVICE AND ALL OUTSPARK GAMES WILL TERMINATE AND YOU WILL FORFEIT ANY UNUSED PAYMENTS THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION. THIS INCLUDES A TERMINATION FOR A PERIOD OF NON-ACTIVITY ON YOUR USER ACCOUNT.

16) Third Party Sites

Clicking a hyperlink on the Outspark Service may direct you away from the Outspark Service. Outspark does not endorse or control any third party sites, is not responsible for the content found on such sites and has no association with the owners or operators of such sites. Also, third party sites may have different terms of service and privacy policies. Outspark therefore strongly recommends that you inform yourself regarding the practices of any third party websites visited via hyperlinks on the Outspark Service. Purchasing Virtual Assets from third party sites warrants a permanent Outspark Account closure.

17) Advertising

Advertising on the Outspark Service generated by third parties does not constitute an endorsement by Outspark and/or Outspark’s subsidiaries and affiliates of the opinions or views expressed by such third party websites. Outspark explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, Outspark is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Outspark nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.

18) Denial of Access

Outspark, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Outspark Service. The sending of an email notice or the posting of a notice on the Outspark Member profile or against the Outspark Account shall constitute complete and sufficient notice of any such action. By agreeing to these Terms, you agree to cease and desist immediately from any attempt to access the Outspark Service upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Outspark Service.

19) Indemnification

You agree to indemnify, defend and hold harmless Outspark, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you. Outspark reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Outspark in asserting any available defenses.

20) Liability

Neither Outspark nor its parent, subsidiaries, licensors or affiliates shall be liable in any way for damage or loss of any kind resulting from (a) the use of or inability to use the service including without limitation loss of goodwill, work stoppage, computer failure or malfunction; (b) the loss or damage to player characters, accounts, statistics, inventories, user profile information stored by associated games; or (c) interruptions of service including without limitation ISP disruptions, software or hardware failures or any other event which may result in a loss of data or disruption of service. In no event will Outspark be liable to you or anyone else for any direct, indirect, incidental, special, exemplary or consequential damages.

21) Amendments

We may change these Terms from time to time, and we will post the modified version on the Outspark Service.

22) Miscellaneous

Outspark hereby reserves any rights not expressly granted herein. You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Outspark's failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Outspark of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of Outspark shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond Outspark's reasonable control. This agreement is governed by and construed under California law without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, U.S.A. for the resolution of any dispute arising from or related to this agreement. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys' fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by you shall be submitted to Outspark Customer Support via the form currently found at http://support.outspark.com/. Outspark may give notice to you at the email address associated with your Outspark Account. This agreement represents the entire agreement between you and Outspark with respect to the subject matter referenced herein.

23) Legal Agreement

Outspark is the owner of the Outspark Service. This is a legal agreement between you and Outspark. Use of the Outspark Service is subject to these Terms at ALL times without exception and signifies your acceptance of and complete agreement to the Terms. You represent that you have the legal capacity to enter into this agreement.

Your use of the Outspark Service is subject at all times to these Terms of Service and our Privacy Policy. Any content, including but not limited to, User Accounts created on the Outspark Service or submitted to the Outspark Service is governed by these Terms. This includes, but is not limited to, proper in-game and out of game conduct. The Terms is in addition to, and does in no way replace or supplant, the End User License Agreement (the "EULA") that accompany the Outspark Services, which may be updated from time to time. You also may be subject to additional terms and conditions that may apply when you use or purchase certain Outspark Services, affiliate services, third-party content or software.

Outspark recommends that all users periodically review these Terms given the Outspark Service is supported by a live and evolving community. Outspark reserves the right, at its sole and absolute discretion, to revise, amend, change, add to, delete, or update these Terms and the Outspark Service, effective with or without prior notice by publishing the revised or updated Agreement on our website at http://www.outspark.com. Any revised or updated Terms will become effective upon publication and your continued use of the Outspark Service following notice and publication of such revised Terms. If you do not agree with these any revised or updated Terms, you are obligated to terminate your Outspark Account immediately and cancel any services for which you have signed up.

Questions?

If you have questions, please submit a support request via the form currently found at http://support.outspark.com/.