Outbreak Game (Outbreak Game or Service), is composed of the Outbreak Game web site, www.outbreakgame.com, and affiliated sites, activities and services including forum.outbreakgame.com and any related products and services. The Outbreak Game Service and its affiliates (collectively, Outbreak Game) owns these sites. Your use of Outbreak Game is subject at all times to our Terms of Service. Your Outbreak Game member account (Account) and all of our games, activities and other services, regardless of when they are added to Outbreak Game, are governed by our Terms of Service.
Our player community is always evolving, so it's important that you periodically check here (as well as the rules and instructions in your favorite game areas) for updates and new information. Outbreak Game may update or revise the Terms of Service at any time. If we revise the Terms of Service, such revision shall be effective thirty (30) days after posting the new Terms of Service on Outbreak Game. You agree to review the Terms of Service periodically to become aware of such revisions. You can view the Terms of Service at any time by clicking on the Terms of Service link at the bottom of our www.outbreakgame.com home page. Your continued use of the Service thirty (30) days after a revised Terms of Service is posted on Outbreak Game will mean that you accept all such revisions. If you do not agree to the changes, or to any of the terms in this Terms of Service, your only remedy is not to use Outbreak Game and to cancel any Account or services you have signed up for.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. You acknowledge that Outbreak Game is not required to provide you notice before terminating your Account, but it may choose to do so.
If you have questions about the Terms of Service, please contact us by sending an email to tos@outbreakgame.com.
When you complete an Outbreak Game registration process, you create an Outbreak Game Account and become an Outbreak Game Member (Member). Your Account allows you to participate in certain games and activities on Outbreak Game. To create an Account, you must select a login name and password. Your login name is your Outbreak Game identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Outbreak Game Account.
You are solely responsible for all activity on your Account and for the security of your computer system or video console system. You may not reveal your password to other users. Outbreak Game will not ask you to reveal your password or ever initiate any contact with you asking for your passwords. You agree to indemnify and hold Outbreak Game harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account in any of our services is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join Outbreak Game again without our express permission. If you wish to rejoin the service, please contact support@outbreakgame.com.
Outbreak Game and you both have the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Outbreak Game. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Terms of Service or Outbreak Games enforcement or application of this Agreement; (2) the Content available through Outbreak Game or any change in Content provided through Outbreak Game.
You can cancel your Account by delivering notice to Outbreak Game's Customer Service Department at support@outbreakgame.com. You are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account is terminated or canceled, no refund will be granted for any money, donations, fees, or dues that you may have paid; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything within Outbreak Game associated with it (such as points, tokens or in-game items). Active Outbreak Game Account holders may not allow former Account holders whose Account has been terminated by Outbreak Game to use their Accounts.
By "Content," we mean the software, communications, images, sounds, and all the material and information you see on our Service. Outbreak Game, our Members, our affiliates, and our independent content providers provide most of the Content on Outbreak Game. Outbreak Game does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Outbreak Game.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for Outbreak Game. Content standards may vary depending on where you are on Outbreak Game, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct. If you would not say something in a room full of people you have never met, or in the workplace, do not post it on our message boards or chat.
Outbreak Game representatives may monitor your communications on Outbreak Game. But we cannot monitor all of the Content on Outbreak Game, and we do not attempt to do so. Some of the areas on Outbreak Game allow you to filter the chat you see. You can use this feature to reduce your exposure to words you do not wish to see. Reading the game help documents or asking our Outbreak Game staff members or other players in the game is a great way to learn how to use these tools. If you encounter something you do not want to see, you can report it to the game support or complaint email address for the area in which the incident occurred. Outbreak Game does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. Outbreak Game does not assume any responsibility or liability for Content that is generated by Members or other guests on Outbreak Game. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. Outbreak Game does not assume any liability for any failure to remove, or any delay in removing, Content.
If we removed Content that you created, we may send you a warning. If it is a serious offense or you have violated our rules before, we may ban you from participating on Outbreak Game and terminate your Account.
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on Outbreak Game. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of Outbreak Game and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your use of Outbreak Game and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless Outbreak Game., its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Outbreak Game, including any Content that you contribute.
You will violate the Terms of Service if you (or others using your Account) do any of the following:
(1) Post, transmit, promote, or distribute Content that is illegal.
(2) Harass, threaten, embarrass, or do anything else to another Member or User that is unwanted. This means: do not say bad things about them, do not keep sending them unwanted messages, do not attack their race, do not negatively discuss or make fun of their sexual orientation, religion, heritage, race, body size or weight, etc. If you disagree with someone, respond to the subject, not the person.
(3) Transmit or facilitate distribution of Content that is harmful, abusive, racially, ethnically, or sexually offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
(4) Disrupt the flow of the Service or Service web sites with vulgar language, abusiveness, trolling, hitting the return key repeatedly or inputting large images so that screen goes by too fast to read, use of excessive shouting (ALL CAPS) in an attempt to disturb other users, spamming or flooding (posting repetitive text), post or input derogatory or insulting language, or otherwise attempt to provoke, harass, intimidate, or start a fight with any other Member or User.
(5) Impersonate another person (including celebrities), indicate that you are an Outbreak Game employee or a representative of Outbreak Game, or attempt to mislead users by indicating that you represent Outbreak Game or any of Outbreak Game's partners or affiliates.
(6) Attempt to get a password, other account information, or other private information from a Member or any other user on Outbreak Game. Remember: Outbreak Game employees will NEVER ask for your password. Do not give your password, reminder words, or billing information out to anyone.
(7) Upload or distribute any software or Content that you do not own or have permission to freely distribute.
(8) Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
(9) Upload files that contain a virus or corrupted data.
(10) Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
(11) Improperly use in game support or complaint buttons or make false reports to Outbreak Game staff members.
(12) Use or distribute automatic or automated software programs, macro software programs, scripts, bots, or any cheating or repeating utility software program or applications.
(13) Access any part of the Service or any Service Web Site through any software or system that is designed to conceal or mask your identity. This definition includes Proxy Services, Anonymizer Services, IP Masking Services, or any software or service that is designed to hide, alter, conceal, mask, obfuscate, or otherwise prevent your true IP address from being logged by our Service for security purposes.
You may not modify any part of the Service or any Service Web Site that Outbreak Game does not specifically authorize you to modify.
You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Service. We will cooperate with law enforcement in such matters.
You may not post or communicate any players real-world personal information within the Service or through any Service Web Site or any Service bulletin board.
You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
You will not exploit any bug in the Service or in any Outbreak Game product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
You will not attempt to play your Outbreak Game game on or through any service that is not controlled or authorized by Outbreak Game. You will not participate in any online service that provides online features or game play for your Outbreak Game game that is not authorized by Outbreak Game.
You will not do anything that interferes with the ability of other Service users to enjoy playing an Outbreak Game game and using the Service, in accordance with its rules, or that materially increases the expense or difficulty of Outbreak Game in maintaining the Service for the enjoyment of all its users.
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them to abuse@outbreakgame.com. Please include as much text, descriptions, and/or screenshots as you can.
Outbreak Game does not recognize or condone any outside service that may be used for the exchange of Credit, items or assets that you may accumulate as a result of participating in the Service or playing your Outbreak Game game. This includes the exchange of Credits or any Outbreak Game items on services including eBay or Yahoo! Auctions. We do not assume any responsibility for, and will not support, any such transactions.
YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES.
IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, OUTBREAK GAME MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD.
THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEB SITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT OUTBREAK GAME MAY HAVE MADE.
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. Outbreak Game is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any Content to Outbreak Game, you expressly grant Outbreak Game. the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in Outbreak Game's discretion, and without any notice or compensation to you of any kind.
You may not advertise any goods or services on Outbreak Game. Chain letters and pyramid schemes are not allowed. You may not use any area of Outbreak Game to collect information, including login names, about Outbreak Game Members, and use of such information to send unsolicited email or for any other purpose is strictly prohibited. You may not exploit Outbreak Game, or any games or services offered on Outbreak Game for any commercial purpose. Any violation of these provisions can subject your Outbreak Game Account(s) to immediate termination and further legal action.
The use of machines, computers, scripts or any automated system on Outbreak Game is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only play Outbreak Game games with one type, version or copy of browsing software application at any one time. Outbreak Game may terminate and permanently disqualify any Members who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by Outbreak Game are final.
Much of the Content available on Outbreak Game is owned by Outbreak Game and/or Outbreak Game, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from Outbreak Game unless we have expressly authorized you to do so.
You must have the legal right to upload any Content to Outbreak Game before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on Outbreak Game, unless Outbreak Game expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on Outbreak Game can lead to the termination of your Outbreak Game Account(s) (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless Outbreak Game and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
NEITHER OUTBREAK GAME NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE OUTBREAK GAME SOFTWARE AND WEB SITES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
When you connect to Outbreak Game, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of Outbreak Game Software. We will not collect any personal information about you, however, without your knowledge and consent.
Outbreak Game may include hyperlinks to web sites operated by parties other than Outbreak Game including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Outbreak Game does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.
Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to Outbreak Game, and Outbreak Game is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until Outbreak Game publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
(1) As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
(2) When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
(3) By signing up to play a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) Outbreak Game has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) Outbreak Games Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
(4) Beta Test accounts are non-transferable under any circumstances.
YOU EXPRESSLY AGREE THAT THE USE OF OUTBREAK GAME, OUTBREAK GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. OUTBREAK GAME, OUTBREAK GAME SOFTWARE, OUTBREAK GAME PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. OUTBREAK GAME PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT OUTBREAK GAME WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OUTBREAK GAME OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT OUTBREAK GAME, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF OUTBREAK GAME SOFTWARE. IN NO CASE SHALL OUTBREAK GAME OR ITS SUBSIDIARIES, LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "OUTBREAK GAME AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO OUTBREAK GAME FOR THE SERVICE. IN NO CASE SHALL OUTBREAK GAME OR OUTBREAK GAME AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OUTBREAK GAME, OUTBREAK GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH OUTBREAK GAME. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUTBREAK GAME AND OUTBREAK GAME AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. OUTBREAK GAME DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH OUTBREAK GAME AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon request by Outbreak Game, you agree to defend, indemnify and hold harmless Outbreak Game and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on Outbreak Game. Outbreak Game reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Outbreak Game in that matter. This Section shall survive termination of this Agreement.
You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Outbreak Game Terms of Service, including Outbreak Games enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Outbreak Game or relating in any way to your Membership or your use of Outbreak Game resides in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving Outbreak Game or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.