PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This Website is owned and operated by 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”).
By using this Website or the Game or any other of our services (collectively “Services”), you signify your agreement to these Terms and Conditions (“Terms”). If you do not agree to these Terms, do not use the Services.
You are also agreeing to other Hardball Games rules and policies that are expressly incorporated into and a part of these Terms. Please read them carefully:
Our Privacy Policy explains what information we collect from you and how we protect it.
Our End User Licence Agreement (“EULA”) also creates a legally binding agreement between you and Hardball in respect of Hardball’s software and other services. The EULA will prevail in respect of any contradiction with these Terms or any other rule or policy of Hardball.
Services
We may, by automatic update or otherwise, change, modify, update, terminate, cancel or withdraw the Services at our sole discretion without notice to you. 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 may also interrupt or suspend our Services from time to time on a regularly scheduled basis or otherwise with or without prior notice to perform maintenance on our Services without notice to you. You agree that we may interrupt, suspend or terminate our Services for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access our Services whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates, withdrawals, terminations, suspensions or interruptions to our Services, or the discontinuation of any of our Services.
To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be true, correct and up to date. From time to time, in order to access the Services or certain games, services, or functionality, Hardball Games may require some or all users to download updated or additional software. The terms of use of such software may be subject to separate agreement between you and Hardball Games and otherwise be subject to the EULA
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify Hardball Games (via support@hardball.games) of any unauthorized use of your user name or password or any other breach of security. You should use extra care and safety when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.
We may change your display name if we deem it offensive, misleading, potentially infringing the rights of third parties or if you have been inactive for more than a year.
Photosensitivity: Certain people may react to certain visual images or patterns, including flashing lights (regardless of whether they have a diagnosed condition or history). Reactions may be reduced by playing in a well-lit room, avoiding playing while drowsy, viewing the game from some distance or on a smaller screen, and limiting duration of use.
Intellectual Property Rights
All intellectual property rights of whatever nature including copyright, trademarks, patents and other intellectual property and proprietary rights in the Services belong to us or our licensors.
You are permitted to use the Services for your personal, non-commercial use only or legitimate purposes related to your role as a current or prospective customer of Hardball Games. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other intellectual property and proprietary rights of the Services. However, if you in compliance with these Terms, you are permitted to use the Services for the purposes of using our Website or playing the Game but only for non-business purposes.
You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services.
Billing, Payment and OutRage Account Balance
Outrage Account Balance funds do not constitute a personal property right and have no value outside the Services. If you are refunded for an item purchased using Outrage Account Balance funds, Hardball Games will return the funds to your Outrage Account Balance. Outrage Account Balance funds are non-transferable to another person and do not accrue interest.
Hardball Games reserves the right to suspend or terminate your Outrage Account Balance if after investigation Hardball Games determines in its sole discretion that you misused the Outrage Account Balance, conducted unauthorized Outrage Account Balance transactions from another user’s Outrage Account Balance, or used the Outrage Account Balance to conduct any fraudulent or other illegal activity. In the event that your Outrage Account Balance is terminated or suspended in accordance with these Terms for reasons other than fraudulent or other illegal activity, Hardball Games will return your remaining Outrage Account Balance less any charges, fees, or other amounts owed to Hardball Games. Otherwise, Outrage Account Balances are not refundable and are not redeemable for money or monetary value from Hardball Games or any other person or entity. Outrage Account Balances that are deemed unclaimed property may be surrendered to the applicable authority, as required by applicable law.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms . You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Hardball Games’ sole judgment). You shall not use the Services in any way that brings the Game or Hardball Games into disrepute or otherwise damages the goodwill and brand of Hardball Games or any of its brands.
User Contributions
The Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit to Hardball and other users (“Post”) content or materials (“User Contributions”) on or through the Services.
All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise be disrespectful to third parties or bring Hardball or the Game into disrepute, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant Hardball Games a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media; however, Hardball Games will only share personal information that you provide in accordance with Hardball Games’ Privacy Policy.
You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that your User Contributions may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Hardball Games takes no responsibility and assumes no liability for any content Posted by you or any third party.
Hardball Games has the right but not the obligation to monitor and edit or remove any User Contributions. Epic also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. Hardball Games may exercise these rights at any time, without notice or liability to you or any third party.
Linking
You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience 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.
Limitations of Liability
You agree that the 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 the 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 these Terms, 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 these Terms (for which we are not liable), our maximum aggregate liability under or in connection with the Services and these Terms 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.
These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services. Except as expressly stated in these Terms, 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 the Services which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of 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 the Services then our obligations and performance will be suspended until the event outside of our control has ended.
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 these Terms by you or your negligence.
Notices
We may update or change any or all of these Terms at any time on notice to you in accordance with these Terms. Your continued use of the Services following the deemed receipt and service of the notice under this clause shall constitute your acceptance to these Terms as updated or changed. If you do not wish to accept such changes you must immediately stop using and accessing 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 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.
Other Important Terms
We may transfer all or any of our rights and obligations under these Terms to another party at any time without your consent.
You may only assign, novate, or otherwise transfer your rights or your obligations under these Terms to another party if we agree in writing with you.
These Terms 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 these Terms 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 these Terms or any document expressly referred to in it.
If we fail to insist that you perform any of your obligations under these Terms, 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.
Hardball Games shall not be liable for any non-performance, defective performance, or late performance of the Services due to causes beyond its control and without its fault or negligence such as, but not limited to, acts of God, war (including civil war), civil unrest, acts of government, fire, floods, explosions, the elements, epidemics, quarantine, restrictions, strikes, lock outs, plant shutdown, material shortages, or delays in transportation or delays of its suppliers or subcontractors for like cause
No person that is not an express party to these Terms shall have any rights hereunder by virtue of the Contract (Rights of Third Parties) Act 1999.
Each term of these Terms 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.
These Terms, their 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