Terms of Service

These Terms of Service (as amended from time to time) constitute a legally binding agreement that governs your access to and use of any online games, websites and any other services provided by Outplay Entertainment Limited (the “Services“).  Our Privacy Policy is a material part of these Terms of Service and is incorporated into these terms by reference. Our Privacy Policy can be found here: www.outplay.com/privacy-policy.By using the Services, you indicate that you have read, understood and accept these Terms of Service (including the Privacy Policy), that you agree to abide by them and that you consent to our processing of your personal data in accordance with our Privacy Policy. If you do not agree to these Terms of Service, please refrain from using the Services.In these Terms of Service, the term “you” refers to you the customer and the terms “Outplay“, “we“, “us” and “our” refer to Outplay Entertainment Limited, a company registered in Scotland under company number SC386157 with our registered office at 3rd Floor, 1-4 Atholl Crescent, Edinburgh, EH3 8HA. Our VAT number is GB 199 4253 62.

Changes to these Terms of Service

We reserve the right to amend, vary or update these Terms of Service from time to time as we see fit. When we make changes to these Terms of Service we will post the revised Terms of Service on our websites 30 days before the revised terms become effective. It is your responsibility to check the Terms of Service each time you use the Services to ensure that you have read and understood the most recent version of these Terms of Service. Your continued use of the Services after the new Terms of Service have been posted on our websites shall be deemed an acceptance by you of the revised terms. At our discretion, we may also give you additional notice of any amendment to these Terms of Service by way of an email to you or by way of other messaging within the Services.If, at any time, you do not agree with any part of our Terms of Service (including our Privacy Policy) or any other rules of use governing your use of the Services, you must immediately stop using the Services.

Access to the Services

Access to the Services (including any game provided by us) is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. If the need arises, we may suspend access to the Services, or cease the provision of Services indefinitely.We have the right to stop providing and/or supporting any of our Services (including any Game or part of any Game offered by us) at any time either permanently or temporarily without prior notice to you and where we cease to provide any of the Services, your licence to use such Services will be terminated or suspended automatically. Where we cease providing any of our Services, we will not be required to provide you with any refunds or compensation due to your inability to access or use such Services.The Services are not targeted to children under the age of 13. If you are under 13 years of age, you are not permitted to use the Services.If you are under the age of 18 you must obtain the consent of your parents or guardians before using the Services. By using the Services, you are advising us that you have received your parents or guardians’ consent to use of the Services in accordance with these Terms of Service (including the Privacy Policy). We reserve the right to deny your access to the Services if we are not satisfied that you have received the required consent from your parents or guardians.

At any time, you are free to stop using the Services. You may uninstall the app from your Facebook account by following the steps under the “privacy settings” tab of your Facebook account.

Personal Information & Privacy

Please read our Privacy Policy which forms part of these Terms of Service. Our Privacy Policy explains what personal information we collect and how we use and protect this personal information. Please click on the link to view our Privacy Policy: www.outplayentertainment.com/privacy-policy.

Third Party Content

“Third Party Content” means content provided by you or other users of the Services including without limitation words played in a game, chat posts, forum posts, profiles and messages sent between users of the Services.You are responsible for all Third Party Content that you post or upload to our websites or submit or communicate using our Services. You may be held liable for such content and you hereby warrant that all such Third Party Content posted, uploaded, communicated or submitted by you: (i) does not violate any third party’s intellectual property rights; (ii) is not confidential; (iii) is free from malicious code, viruses, adware, spyware and worms; (iv) is not submitted in violation of any laws or contractual restrictions; and (v) where it includes third party’s personal information, is not submitted without the consent of such third party.If you become aware that a user of the Services is posting or communicating Third Party Content in violation of these Terms of Service or is otherwise acting in breach of these Terms of Service, please report such activity to us by emailing support@outplayentertainment.com.Screening, Monitoring  & Recording Third Party Content: We do not pre-screen or monitor Third Party Content prior to it being communicated between users of the Services, submitted as part of a game available through our Services or posted onto our websites. You acknowledge and agree that we cannot be held responsible or liable for Third Party Content and if you find any Third Party Content communicated to you through game play, chat posts or messaging to be offensive or inappropriate, your sole remedy is to cease playing the game with that particular user. We may, at our sole discretion, choose to monitor your use of the Services (including any messages you post to our chat room or forum) and the Third Party Content you submit or upload to the Services. You hereby consent to such monitoring. We record and store the “state of play” and “chat entries” for each game session played using the Services. You hereby consent to such recording. You hereby acknowledge and agree that you cannot have any expectation of privacy when using the Services.

We reserve the right (but have no obligation) to remove any Third Party Content from our websites for any reason at our absolute discretion including without limitation where we believe that such material is not acceptable or where we believe such material may breach third party intellectual property rights. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXCLUDE ANY AND ALL LIABILITY FOR THIRD PARTY CONTENT OR FOR ANY DELAY OR FAILURE TO REMOVE ANY THIRD PARTY CONTENT FROM OUR WEBSITES.

Intellectual Property Rights

“Services Content” includes any and all software, technology, computer code, games, text, titles, music, sounds, graphics, pictures, video, characters, character names, content, stories, animation and material provided by or on behalf of us and available through the Services.We are the owner or the licensee of all intellectual property rights in the Services including without limitation all Services Content.  The Services Content is protected by the copyright laws of the United Kingdom, international copyright treaties and all other applicable copyright and intellectual property laws. Outplay reserves all such rights including without limitation all intellectual property rights in the games forming part of the Services.You acknowledge and agree that any and all intellectual property rights in the Services belong to or are licensed to us and you shall have no rights or title in any content that appears in the Services.Subject to a limited right to print, store and/or download the web pages from our websites for your personal use only, you may not copy, republish, sell, license, modify, edit, distribute, transmit, display or create derivative works from or otherwise make unauthorised use of any Services Content without our prior written consent. If you make unauthorised copies of any Services Content, we have the right to terminate your access to and use of the Services and we may take further legal action against you.

You may not remove, obscure or alter any copyright, patent or trade mark notices or other proprietary notices from any material available through the Services. You may not reverse engineer, decompile or modify any software on our websites in any way (except to the limited extent permitted by law).

Rules of Use

Your use of the Services is subject to the following rules and restrictions:

  • You shall provide us with your correct name and email address if we require this information to provide the Services to you and you shall update your information as and when it changes.
  • You will not permit any children under the age of 13 to access or use the Services.
  • You are not permitted to use the Services for commercial purposes.
  • Your use and access to the Services in violation of any of the following rules is strictly prohibited and may result in the immediate termination of your access to the Services and/or be in violation of civil and criminal law. YOU AGREE THAT YOU WILL NOT, UNDER ANY CIRCUMSTANCES:
  • Use the Services in order to design cheats, hacks or automation software: you shall not use the Services in any way that modifies or interferes with the Services including any games or game experience.
  • Infringe our Intellectual Property Rights: you shall not copy, modify or distribute any content from any of our games or websites (including without limitation our trade marks) except as specifically permitted by these Terms of Service.
  • Use the Services for any illegal conduct: you shall not use the Services for any illegal conduct, in violation of any applicable law or to encourage others to do so.
  • Interfere with other users’ use of or access to the Services: you shall not threaten, harass or interfere with other users’ use of the Services including without limitation by repeatedly sending messages to users, identifying users’ personal information, or disrupting the Services by spamming or flooding our websites.
  • Use the Services to promote illegal activity or for commercial gain: you shall not use the Services to encourage or promote illegal activities and you shall only use the Services for personal use and not for promoting or facilitating commercial enterprises.
  • Reverse engineer, decompile or disassemble the source code: you shall not reverse engineer, decompile, disassemble or decipher the source code for any software used to provide the Services (including without limitation any of our games).
  • Attempt to gain unauthorised access to other people’s personal information: you shall not attempt to solicit other people’s personal information, collect or post other people’s personal information (including images or videos) through the Services or attempt to access the networks, computers or servers connected to the Services other than through the user interface provided by us.
  • Abuse the use of our support services: you shall not abuse or flood the support or help desk functions including by submitting false, trivial or repeated emails or calls.
  • Transmit unauthorised materials through the Services: you shall not send or transmit junk mail, spam, chain letters or any malware or spyware through the Services.

WITHOUT PREJUDICE TO OUR OTHER RIGHTS AND REMEDIES, WE MAY SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES IF YOU ARE, OR WE BELIEVE THAT YOU ARE, IN BREACH OF ANY OF THESE TERMS OF SERVICE (INCLUDING WITHOUT LIMITATION THE RULES OF USE ABOVE).

Links from our Websites & Advertising

Where our websites contain links to other sites and resources provided by third parties (including links contained in third party advertisements placed on our websites), these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  We make no representation or warranty regarding any content, goods or services provided by third parties (including third party advertisers on our websites). Further, the way in which any such linked sites collect, store or use your personal data is beyond our control and we accept no responsibility for such third parties’ conduct. Any inclusion of links to third party sites or third party advertisements on our Services is not an endorsement from us of such third party sites, services or products.

Purchasing Terms

A number of our games provided through the Services may allow you to purchase virtual currencies and virtual items for use in our games (“Virtual Goods”). You are also able to purchase game merchandise (“Merchandise”) through our websites. YOU ACKNOWLEDGE AND AGREE THAT ALL PURCHASES MADE BY YOU THROUGH THE SERVICES ARE NON-REFUNDABLE.Your order for Virtual Goods or Merchandise will constitute an offer to purchase such items and this offer will be accepted when the Virtual Goods are made available to you or when your credit or debit card is debited whichever is earlier.YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT REQUIRED TO REFUND YOUR MONEY OR COMPENSATE YOU FOR ANY UNUSED VIRTUAL GOODS IF YOUR ACCESS TO THE SERVICES IS TERMINATED OR THE SERVICES ARE NO LONGER AVAILABLE.

Termination of Access

We have the right, in our absolute discretion, to terminate your access to the Services at any time without prior notice to you where we believe that you have not complied with any of these Terms of Service or any of our rules of use, codes of conduct or any of our  instructions for our games.

Exclusion of Warranties and Liabilities

For the purposes of these Terms of Service, “Outplay Parties” shall mean Outplay, its affiliates, subsidiaries or any of their directors, employees, agents, solicitors, third party content providers, distributors, licensees and/or licensors.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OUTPLAY PARTIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, UNDERSTANDINGS WHATSOEVER, EXPRESS OR IMPLIED, IN RELATION TO THE SERVICES CONTENT AND/OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES AND THE USE OF THE INTERNET IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS.To the fullest extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with any of the Outplay Parties is to stop using the Services.The Outplay Parties shall not be liable for any direct, indirect, special, incidental or consequential loss or damage whatsoever including without limitation, damages for loss of profits, contracts, data, goodwill, work stoppage and computer failure resulting from the use of or inability to use, interruption or availability of the Services, their operation or transmission or otherwise in respect of the use of the Services and howsoever caused even if we have been advised of the possibility of such damages. The Outplay Parties exclude any liability for any errors in or omissions from information, materials and functions included in the Services except to the extent that such liability may not be lawfully excluded under applicable law. To the fullest extent permitted by applicable law, the Outplay Parties disclaim all liability for negligence. The Outplay Parties are not liable for any act or failure to act regarding any user’s conduct or communications or any conduct of operators of external websites.Notwithstanding the foregoing, nothing in these Terms of Service shall limit our liability to you for fraudulent misrepresentation, death or personal injury caused by our negligence or any other liability that cannot be excluded or limited under applicable law.

Indemnity

You hereby indemnify and hold harmless the Outplay Parties from any and all claims, demands, actions, reasonable costs and expenses (including legal fees), losses and damages that arise from a breach by you of these Terms of Service (including without limitation the Privacy Policy and any instructions for games that are incorporated by reference herein). This section shall survive termination of these Terms of Service.

Assignment

We may assign or transfer these Terms of Service to any person or third party at any time without your consent. You are not permitted to assign or transfer any rights or obligations under these Terms of Service without our prior written consent.

Severability

If any provision of these Terms of Service is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be interpreted in a manner consistent with applicable law to reflect, as closely as possible, the original intention of Outplay and the remainder of the provisions shall continue in full force and effect.

Waiver

No delay or failure by us in exercising or enforcing any of our rights or remedies under these Terms of Service will constitute a waiver of such right or remedy. A waiver of any provision of these Terms of Service shall only be valid if in writing and signed by Outplay.

Entire Agreement

The Terms of Service (including the Privacy Policy and any instructions for games incorporated into these Terms of Service by reference) along with any other game rules, codes of conduct or end user licence terms referred to on our websites constitute the entire agreement between you and us relating to your rights and obligations in the use of the Services.

Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England. The English or Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, the Services. You are responsible for compliance with any applicable laws of the country from which you are accessing the Services.

Notice & Contact Information

We may contact you by way of postings on our websites or via email or by contacting you through the contact information you provide to us. You may contact us at our registered office address stated above or by email onsupport@outplayentertainment.com.