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This End User Licence Agreement (“Agreement”) is a legal agreement between you (“you”) and Hardball Games Limited a company incorporated in England and Wales (company no: 13830212) and whose registered office is at Sussex Innovation Centre, Science Park Square, Falmer, BN1 9SB (“we, us, our, etc and Hardball Games”). Hardball Games is the developer and operator of the game “OutRage” (“Game”). When you select "I Agree" or purchase, download or use or play the Game or its related services (the Game, software and services, collectively or any part being our "Services"), you shall agree to the terms of this Agreement. This Agreement is a binding legal contract between you and Hardball Games. If you do not agree to the terms of this Agreement, do not purchase, download or use our software or Services or use or play the Game.
1. Hardball Games Accounts and Services
You may need to have an account ("Account") to use the Services. To create an Account, you must provide true and correct information about yourself on the Account registration page and keep that information up-to-date. You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. You are responsible for all activity associated with your Account. We may suspend or terminate your Account at our sole discretion at any time, for any reason or no reason, and without prior notice to you. For additional terms and conditions relating to Hardball Games, our software and Services please see our Terms and Conditions of Service.
2. Intellectual Property and License
You agree that all intellectual property rights in our software and Services belong to us, that rights in our software and the Services are licensed (not sold) to you, and that you have no rights in, or to, our software or the Services other than the right to use them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to any of our software or Services in source code form.
Our software and Services are licensed, not sold, to you under this Agreement. In consideration of us making our software and Services available to you and you agreeing to abide by the terms of this Licence, we grant to you as the user a non-exclusive, non-transferable licence to use our software and the Services. You may download, install and use our software and the Services for your own purposes only in order to play the Game and in accordance with our Terms of Service including the relevant usage restrictions, and receive and use any free supplementary software code or update of our software or the Services incorporating “patches” and corrections of errors as may be provided by us from time to time.
3. Content
Our Services include Content. "Content" means all materials, information, technology, software and other content available through our Services, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips and video clips, and the selection and arrangement thereof. All Content is and will remain the exclusive property of Hardball Games or its licensors, and is protected by copyright, trademark, trade secret, intellectual property and other laws.
4. Virtual Features
Our Services include "Virtual Features". "Virtual Features" means rights that we license to you to access or use certain features that we may make available on our Services. Examples of Virtual Features may include access to digital or unlockable Content, additional or enhanced functionality (including multiplayer services), virtual assets, in-game achievements, and virtual points, coins and currencies. When you sign up or pay for Virtual Features, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to access the selected Virtual Features. Virtual Features have no monetary value and no value outside of our Services. You cannot sell, trade or transfer Virtual Features, or exchange them for cash. Any payment you make for access to a Virtual Feature is non-refundable unless otherwise stated.
5. Updates, Pre-release phase, Online Server Support and Interruptions
We may, by automatic update or otherwise, change, modify or update Services, Content or Virtual Features at our sole discretion. For example, we may need to update or reset certain parameters to balance game play and usage of our Services. These updates or resets may cause you setbacks within the relevant game world and may affect your gameplay and Virtual Features under your control. If our Services use online servers, we make no commitment to continue to make those servers available and may terminate online features at any time.
We may grant temporary access to Services, Content or Virtual Features during a pre-release Alpha or Beta phase. We reserve the right to rescind these services to you at any point and at our sole discretion. We also reserve the right to delete any progress you have made in the game in any session along with any content or virtual features you have earned by playing the game during the pre-release period. We are not liable to you for any consequences of that deletion.
We reserve the right to interrupt or suspend our software or Services from time to time on a regularly scheduled basis or otherwise with or without prior notice to perform maintenance on our software or Services. You agree that we may interrupt, suspend or terminate our software or Services for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access our software or Services or your Account whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates or interruptions to our software or Services, or the discontinuation of any of our software or Services.
6. Internet Connection
Some features of our Services may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of our Services.
7. Fraud and Cheat Detection
To provide users with a positive, fair, and competitive experience on the Services, we may use certain software, tools, and technologies (“Fraud and Cheat Detection”) to detect and prevent programs, methods, or other processes that (i) are used for hacking, account stealing, or other unauthorized or fraudulent activity on the Services (“Fraud”) or (ii) give you or other users a competitive advantage within the Services (“Cheats”), including bots, hacks, add-ons, malware, scripts, and mods not expressly authorized by us. You will not:
a. Use or encourage the use of Cheats;
b. Engage in or encourage others to engage in Fraud;
c. Develop, market, offer, sell, distribute, support or otherwise make available any Cheats; or
d. Attempt to tamper with, modify, disable, disrupt, or circumvent any software, tools or technologies used to detect and prevent Fraud or Cheats.
Fraud and Cheat Detection software may also be installed during your installation of our software. If you do not agree to install the Fraud and Cheat Detection software or at any time remove or disable the Fraud and Cheat Detection software, the license to the Services granted to you automatically terminates and you may not use the Services. The Services or the Fraud and Cheat Detection software may collect and transmit details about your account, gameplay, and potentially unauthorized programs or processes in connection with Fraud and Cheat Detection. If Fraud or Cheats are identified, you agree that we may exercise any or all of our rights under this Agreement.
8. Restrictions
You shall not, and shall not attempt to, do any of the following:
a. Use or allow the use of our software or Services for any purpose or activity that is illegal, unlawful or not expressly authorized under this Agreement.
b. Sell, re-sell, rent, lease, share or provide access to your Account, our software or Services to anyone else, or use another user’s Account.
c. Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of our software or Services.
d. Reverse engineer or attempt to extract or otherwise use source code or other data from our software or Services.
e. Use our software or Services to build a service or game that would compete with our software or Services or assist another person in building a service or game that would compete with our software or Services.
f. Remove any proprietary, copyright, trade secret or warning legend from our software or Services.
g. Make or publicly display Your Streaming Footage where such footage: (a) misrepresents our identity, the names, features or functionality of our software or Services, or the legal rights or obligations that anyone has in regard to our software or Services; or (b) adversely affects our rights in an unfair or illegal manner.
h. Damage, disrupt, impair, or interfere with our software or Services, any server, network or system used to support or provide our software or Services, any person's property, or another user's use or enjoyment of our software or Services, such as by engaging in denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files or time bombs.
i. Probe, scan or test the vulnerability of our software or Services, or circumvent or breach the security or authentication measures of our software or Services.
j. Harass, threaten, bully, embarrass, spam or do anything else to another user of our software or Services that is unwanted, such as repeatedly sending unwanted messages or making insults, personal attacks or statements about people based on their race, sexual orientation, religion, nationality, or any other aspect.
k. Contribute user generated content (“UGC”) (such as videos or text), or organize or participate in any activity or group via our software or Services that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise objectionable.
l. Publish, post, upload or distribute UGC that is illegal or that you do not have permission to freely distribute, or which we determine is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent, or unlawful.
m. Post or transmit a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
n. Impersonate another person or falsely imply that you are one of our employees or representatives.
o. Improperly use in-game support or complaint buttons or make false reports to us.
p. Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the Content, navigational structure or presentation of our software or Services;
q. Harvest, phish for, or collect any kind of private information of other users of our software or Services, such as passwords.
r. Use or distribute unauthorized software programs or tools when using our software or Services, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
s. Modify any file or any other part of our software or Service that we do not specifically authorize you to modify.
t. Use exploits, cheats, undocumented features, design errors or problems in our software or Services.
u. Use or distribute counterfeit software or Content associated with our software or Services, including Virtual Features.
v. Attempt to use our software or Services on or through any service that we do not control or authorize.
w. Sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or any Content associated with your Account, including Virtual Features, either within our Services or on a third-party website, or in connection with any out-of-game transaction.
x. Use our software or Services in a jurisdiction in which we are prohibited from offering such services under applicable export control laws.
y. Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of our software or Services.
z. Use information about users publicly available in any of our software or Services (e.g., on a leaderboard) for any purpose unrelated to our software or Services, including to attempt to identify such users in the real world.
You shall also not promote, encourage or take part in any prohibited activity described above.
We may also notify you of additional rules from time to time that apply to our Software and the use of our Services.
If you encounter another user who is violating any of these rules, please report this activity to us using the "Help" or "Report Abuse" functions in the relevant Service, if available, or contact us at [email protected]. We will review the report and may, at our sole discretion, take action against anyone who violates our Rules of Conduct, such as by revoking access to certain or all of our Services and terminating their Account. We may also take such actions, at our sole discretion, in respect of anyone who knowingly submits a false report in bad faith.
We may, but are not obliged to, monitor or record online activity or Content on our Services at our sole discretion.
9. Privacy – How We May Use Your Personal Information
Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use our software and Services including when they play the Game and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information
10. Third-Party Content
Our Services may include hyperlinks to third-party websites and services. We do not control those websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information.
11. Limitations of Liability
You agree that our software and Services have not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of our software and Services meet your requirements.
We shall not in any circumstances be liable for any consequential, indirect or special losses, nor will we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement, whether in each case in respect of direct or indirect losses or otherwise, for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation.
Other than the losses set out in this Agreement (for which we are not liable), our maximum aggregate liability under or in connection with this Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to one hundred US dollars (US$100.00).
Nothing in this Agreement shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and any other liability that cannot be excluded or limited by English law.
This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of our software and the Services. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of our software and the Services which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
12. Indemnity
You agree to indemnify on demand and hold harmless Hardball Games and its directors and employees from and against any and all claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal costs) arising out of or in connection with any breach of this Agreement by you or your negligence or your UGC.
13. Termination and Suspension
We may terminate this Agreement at any time for any reason by giving notice to you either with immediate effect or otherwise. You may terminate this Agreement by deleting all copies of the software and no longer using any of our software or Services.
On termination for any reason by you or us:
a. all rights granted to you under this Agreement shall immediately cease;
b. you must immediately cease all activities authorised by this Agreement; and
c. you must immediately and permanently delete or remove our software and Services from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of our software and Service then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
We may suspend your Account and your use of any of our software or Services at our sole discretion, including where we consider that your use of our software or Services breaches this Agreement or applicable law, or where we choose not to continue providing any software or Service to any person for any reason.
If we terminate or suspend you will not be entitled to a refund, credit or any other reimbursement for any payments you made for any software or Services.
14. Notices
We may update or change the terms of this Agreement at any time on notice to you in accordance with this Agreement Your continued use of our software and the Services following the deemed receipt and service of the notice under this clause shall constitute your acceptance to the terms of this Agreement as varied. If you do not wish to accept the terms of the Agreement (as varied) you must immediately stop using and accessing our software and the Services on the deemed receipt and service of the notice.
If we have to contact you, we will do so by email or via notification within our software, the Services or on our website.
Note that any notice: given by us to you will be deemed received and properly served 30 minutes after it is first posted on our website, 30 minutes after an email is sent, or three days after the date of posting of any letter; and given by you to us will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 30 minutes after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
15. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement, our software or the Services that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks. If an event outside our control takes place that affects the performance of our obligations under or in respect of this Agreement, our software or the Services then our obligations and performance will be suspended until the event outside of our control has ended.
16. Other Important Terms
We may transfer all or any of our rights and obligations under this Agreement to another party at any time without your consent.
You may only transfer your rights or your obligations under this Agreement to another party if we agree in writing with you.
This Agreement and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing signed by us, and that will not mean that we will automatically waive any later default by you.
Each of the clauses of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
This Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
04 October 2023
1. Hardball Games Accounts and Services
You may need to have an account ("Account") to use the Services. To create an Account, you must provide true and correct information about yourself on the Account registration page and keep that information up-to-date. You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. You are responsible for all activity associated with your Account. We may suspend or terminate your Account at our sole discretion at any time, for any reason or no reason, and without prior notice to you. For additional terms and conditions relating to Hardball Games, our software and Services please see our Terms and Conditions of Service.
2. Intellectual Property and License
You agree that all intellectual property rights in our software and Services belong to us, that rights in our software and the Services are licensed (not sold) to you, and that you have no rights in, or to, our software or the Services other than the right to use them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to any of our software or Services in source code form.
Our software and Services are licensed, not sold, to you under this Agreement. In consideration of us making our software and Services available to you and you agreeing to abide by the terms of this Licence, we grant to you as the user a non-exclusive, non-transferable licence to use our software and the Services. You may download, install and use our software and the Services for your own purposes only in order to play the Game and in accordance with our Terms of Service including the relevant usage restrictions, and receive and use any free supplementary software code or update of our software or the Services incorporating “patches” and corrections of errors as may be provided by us from time to time.
3. Content
Our Services include Content. "Content" means all materials, information, technology, software and other content available through our Services, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips and video clips, and the selection and arrangement thereof. All Content is and will remain the exclusive property of Hardball Games or its licensors, and is protected by copyright, trademark, trade secret, intellectual property and other laws.
4. Virtual Features
Our Services include "Virtual Features". "Virtual Features" means rights that we license to you to access or use certain features that we may make available on our Services. Examples of Virtual Features may include access to digital or unlockable Content, additional or enhanced functionality (including multiplayer services), virtual assets, in-game achievements, and virtual points, coins and currencies. When you sign up or pay for Virtual Features, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to access the selected Virtual Features. Virtual Features have no monetary value and no value outside of our Services. You cannot sell, trade or transfer Virtual Features, or exchange them for cash. Any payment you make for access to a Virtual Feature is non-refundable unless otherwise stated.
5. Updates, Pre-release phase, Online Server Support and Interruptions
We may, by automatic update or otherwise, change, modify or update Services, Content or Virtual Features at our sole discretion. For example, we may need to update or reset certain parameters to balance game play and usage of our Services. These updates or resets may cause you setbacks within the relevant game world and may affect your gameplay and Virtual Features under your control. If our Services use online servers, we make no commitment to continue to make those servers available and may terminate online features at any time.
We may grant temporary access to Services, Content or Virtual Features during a pre-release Alpha or Beta phase. We reserve the right to rescind these services to you at any point and at our sole discretion. We also reserve the right to delete any progress you have made in the game in any session along with any content or virtual features you have earned by playing the game during the pre-release period. We are not liable to you for any consequences of that deletion.
We reserve the right to interrupt or suspend our software or Services from time to time on a regularly scheduled basis or otherwise with or without prior notice to perform maintenance on our software or Services. You agree that we may interrupt, suspend or terminate our software or Services for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access our software or Services or your Account whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates or interruptions to our software or Services, or the discontinuation of any of our software or Services.
6. Internet Connection
Some features of our Services may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of our Services.
7. Fraud and Cheat Detection
To provide users with a positive, fair, and competitive experience on the Services, we may use certain software, tools, and technologies (“Fraud and Cheat Detection”) to detect and prevent programs, methods, or other processes that (i) are used for hacking, account stealing, or other unauthorized or fraudulent activity on the Services (“Fraud”) or (ii) give you or other users a competitive advantage within the Services (“Cheats”), including bots, hacks, add-ons, malware, scripts, and mods not expressly authorized by us. You will not:
a. Use or encourage the use of Cheats;
b. Engage in or encourage others to engage in Fraud;
c. Develop, market, offer, sell, distribute, support or otherwise make available any Cheats; or
d. Attempt to tamper with, modify, disable, disrupt, or circumvent any software, tools or technologies used to detect and prevent Fraud or Cheats.
Fraud and Cheat Detection software may also be installed during your installation of our software. If you do not agree to install the Fraud and Cheat Detection software or at any time remove or disable the Fraud and Cheat Detection software, the license to the Services granted to you automatically terminates and you may not use the Services. The Services or the Fraud and Cheat Detection software may collect and transmit details about your account, gameplay, and potentially unauthorized programs or processes in connection with Fraud and Cheat Detection. If Fraud or Cheats are identified, you agree that we may exercise any or all of our rights under this Agreement.
8. Restrictions
You shall not, and shall not attempt to, do any of the following:
a. Use or allow the use of our software or Services for any purpose or activity that is illegal, unlawful or not expressly authorized under this Agreement.
b. Sell, re-sell, rent, lease, share or provide access to your Account, our software or Services to anyone else, or use another user’s Account.
c. Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of our software or Services.
d. Reverse engineer or attempt to extract or otherwise use source code or other data from our software or Services.
e. Use our software or Services to build a service or game that would compete with our software or Services or assist another person in building a service or game that would compete with our software or Services.
f. Remove any proprietary, copyright, trade secret or warning legend from our software or Services.
g. Make or publicly display Your Streaming Footage where such footage: (a) misrepresents our identity, the names, features or functionality of our software or Services, or the legal rights or obligations that anyone has in regard to our software or Services; or (b) adversely affects our rights in an unfair or illegal manner.
h. Damage, disrupt, impair, or interfere with our software or Services, any server, network or system used to support or provide our software or Services, any person's property, or another user's use or enjoyment of our software or Services, such as by engaging in denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files or time bombs.
i. Probe, scan or test the vulnerability of our software or Services, or circumvent or breach the security or authentication measures of our software or Services.
j. Harass, threaten, bully, embarrass, spam or do anything else to another user of our software or Services that is unwanted, such as repeatedly sending unwanted messages or making insults, personal attacks or statements about people based on their race, sexual orientation, religion, nationality, or any other aspect.
k. Contribute user generated content (“UGC”) (such as videos or text), or organize or participate in any activity or group via our software or Services that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise objectionable.
l. Publish, post, upload or distribute UGC that is illegal or that you do not have permission to freely distribute, or which we determine is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent, or unlawful.
m. Post or transmit a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
n. Impersonate another person or falsely imply that you are one of our employees or representatives.
o. Improperly use in-game support or complaint buttons or make false reports to us.
p. Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the Content, navigational structure or presentation of our software or Services;
q. Harvest, phish for, or collect any kind of private information of other users of our software or Services, such as passwords.
r. Use or distribute unauthorized software programs or tools when using our software or Services, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
s. Modify any file or any other part of our software or Service that we do not specifically authorize you to modify.
t. Use exploits, cheats, undocumented features, design errors or problems in our software or Services.
u. Use or distribute counterfeit software or Content associated with our software or Services, including Virtual Features.
v. Attempt to use our software or Services on or through any service that we do not control or authorize.
w. Sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or any Content associated with your Account, including Virtual Features, either within our Services or on a third-party website, or in connection with any out-of-game transaction.
x. Use our software or Services in a jurisdiction in which we are prohibited from offering such services under applicable export control laws.
y. Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of our software or Services.
z. Use information about users publicly available in any of our software or Services (e.g., on a leaderboard) for any purpose unrelated to our software or Services, including to attempt to identify such users in the real world.
You shall also not promote, encourage or take part in any prohibited activity described above.
We may also notify you of additional rules from time to time that apply to our Software and the use of our Services.
If you encounter another user who is violating any of these rules, please report this activity to us using the "Help" or "Report Abuse" functions in the relevant Service, if available, or contact us at [email protected]. We will review the report and may, at our sole discretion, take action against anyone who violates our Rules of Conduct, such as by revoking access to certain or all of our Services and terminating their Account. We may also take such actions, at our sole discretion, in respect of anyone who knowingly submits a false report in bad faith.
We may, but are not obliged to, monitor or record online activity or Content on our Services at our sole discretion.
9. Privacy – How We May Use Your Personal Information
Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use our software and Services including when they play the Game and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information
10. Third-Party Content
Our Services may include hyperlinks to third-party websites and services. We do not control those websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information.
11. Limitations of Liability
You agree that our software and Services have not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of our software and Services meet your requirements.
We shall not in any circumstances be liable for any consequential, indirect or special losses, nor will we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement, whether in each case in respect of direct or indirect losses or otherwise, for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation.
Other than the losses set out in this Agreement (for which we are not liable), our maximum aggregate liability under or in connection with this Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to one hundred US dollars (US$100.00).
Nothing in this Agreement shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and any other liability that cannot be excluded or limited by English law.
This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of our software and the Services. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of our software and the Services which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
12. Indemnity
You agree to indemnify on demand and hold harmless Hardball Games and its directors and employees from and against any and all claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal costs) arising out of or in connection with any breach of this Agreement by you or your negligence or your UGC.
13. Termination and Suspension
We may terminate this Agreement at any time for any reason by giving notice to you either with immediate effect or otherwise. You may terminate this Agreement by deleting all copies of the software and no longer using any of our software or Services.
On termination for any reason by you or us:
a. all rights granted to you under this Agreement shall immediately cease;
b. you must immediately cease all activities authorised by this Agreement; and
c. you must immediately and permanently delete or remove our software and Services from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of our software and Service then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
We may suspend your Account and your use of any of our software or Services at our sole discretion, including where we consider that your use of our software or Services breaches this Agreement or applicable law, or where we choose not to continue providing any software or Service to any person for any reason.
If we terminate or suspend you will not be entitled to a refund, credit or any other reimbursement for any payments you made for any software or Services.
14. Notices
We may update or change the terms of this Agreement at any time on notice to you in accordance with this Agreement Your continued use of our software and the Services following the deemed receipt and service of the notice under this clause shall constitute your acceptance to the terms of this Agreement as varied. If you do not wish to accept the terms of the Agreement (as varied) you must immediately stop using and accessing our software and the Services on the deemed receipt and service of the notice.
If we have to contact you, we will do so by email or via notification within our software, the Services or on our website.
Note that any notice: given by us to you will be deemed received and properly served 30 minutes after it is first posted on our website, 30 minutes after an email is sent, or three days after the date of posting of any letter; and given by you to us will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 30 minutes after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
15. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement, our software or the Services that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks. If an event outside our control takes place that affects the performance of our obligations under or in respect of this Agreement, our software or the Services then our obligations and performance will be suspended until the event outside of our control has ended.
16. Other Important Terms
We may transfer all or any of our rights and obligations under this Agreement to another party at any time without your consent.
You may only transfer your rights or your obligations under this Agreement to another party if we agree in writing with you.
This Agreement and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing signed by us, and that will not mean that we will automatically waive any later default by you.
Each of the clauses of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
This Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
04 October 2023