Outspark ToS

[Yosei]

I know most people skip reading these parts. But really, I think everyone should. Maybe some things may become clearer to you.

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 (“Terms”). The Terms also include the OUTSPARK Privacy Policy, as well as guidelines or rules that are set out on the OUTSPARK Site (www.outspark.com) or within an OUTSPARK game (“OUTSPARK Game”). If you do not agree with these Terms, do not create an account and do not continue to use the OUTSPARK Site or any OUTSPARK Game.

In order to play an OUTSPARK Game, you must register and create a valid account. You agree that the user account, including 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 password for your account. Please keep your password confidential and do not reveal it to anyone. We will never ask you for your password.

You must also 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 in order to play the OUTSPARK Games. It is your responsibility to select, obtain and pay for any equipment or services necessary.

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 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 the nature of our services, 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 Site and to use the OUTSPARK Games solely for your personal entertainment purposes. OUTSPARK may revoke this license at any time and for any reason.

Additionally, OUTSPARK reserves the right to make changes to your OUTSPARK User and/or Store accounts at any time, including, but not limited to, User name, Character Names, Store Purchases and Items, and access to any and all OUTSPARK services, for any or no stated reason.

Prohibited Actions

You agree not to do any of the following prohibited actions:

1. Reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner any OUTSPARK Game or any portion thereof, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;

2. Permit any other person (including but not limited to a former user whose account OUTSPARK has terminated) to access any OUTSPARK Game, or create or provide any other means through which the OUTSPARK Games may be played by anyone besides you (e.g., through server emulators);

3. Upload, post, email or otherwise transmit through any OUTSPARK Game any material that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other party's proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

4. Harm minors in any way;

5. Impersonate another user or administrator;

6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through any OUTSPARK Game;

7. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

8. Interfere with or disrupt any OUTSPARK Game or servers or networks connected to any OUTSPARK Game, or disobey any requirements, procedures, policies or regulations of networks connected to any OUTSPARK Game;

9. Intentionally or unintentionally violate any applicable local, state, national or international law;

10. "Stalk" or otherwise harass another;

11. Collect or store personal data about another user without the express permission of such user;

13. Modify any files or use any game hacking/altering/cheating software or tools, including scripting or macroing software, or attempt to disassemble the game client and/or decipher the data transmissions between any OUTSPARK Game's client and server; or

14. Engage in any behavior that is contrary to the 'spirit of the game' as defined by OUTSPARK in its sole discretion.

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 an OUTSPARK Game or in other activities connected to an OUTSPARK Game (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 Site or any OUTSPARK Game.

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 OR 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 no parental software package replaces careful supervision of Internet use by children, these parental software products may be useful. Some sample parental software products include but are not limited to: 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 parental software package and is not responsible for the malfunction of any parental software package that you may chose to use.