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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 AND OUTSPARK GAMES (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 SITE, SERVICES OR GAMES WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

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, THE OUTSPARK SITE OR OUTSPARK GAMES 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.

Price and Payment

While the OUTSPARK Games are free to play, you may choose to pay for additional services or items related to the OUTSPARK Games

ALL PAYMENTS 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 your use of any OUTSPARK Game is subject to any use, sales or other taxes, or if OUTSPARK offers any additional services for a fee as noted on the OUTSPARK Site and you choose to partake in such additional fee-services, then OUTSPARK may also bill you for any such charges, which will be in addition to the rates noted on the OUTSPARK Site or in any OUTSPARK Game. If you pay for the OUTSPARK Games by credit card, you represent and warrant that you are the authorized user of such credit card. You agree and reaffirm that OUTSPARK is authorized to charge your credit card each month, quarter, or year according to the terms of your subscription. 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 Games by PayPal account, you represent and warrant that you are the authorized user of such PayPal 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 SITE 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.

Advertising

The advertising in our games or on our website generated by third parties does not constitute an endorsement by OUTSPARK, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. 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.

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 Site. The sending of an e-mail notice or the posting of a notice on the account by OUTSPARK used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms, you agree to cease and desist immediately from any attempt to access the site 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 Site.

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 to the site 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.

Amendments

We may change these Terms from time to time. We will notify you about significant changes to the Terms by sending a notice to the email address specified in your OUTSPARK account, if we have collected it, or by placing a prominent notice on our site.

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' 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' 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 sent via email to support@outspark.com. OUTSPARK may give notice to you at the e-mail address you provide in the Registration Data. This agreement represents the entire agreement between you and OUTSPARK with respect to the subject matter referenced herein.

Questions?

If you have questions, please email us at support@outspark.com.

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