Outpost Terms of Service

 

 

Thank you for your interest in Outpost Games, Inc. (“Outpost,” “we,” or “us”), including our website at www.outpostgames.com and our platform made available at www.hero.tv, along with our related websites, networks, downloadable software (including our platform client) and all updates thereto (“Software”), applications, and any other products or services we make available to you and on which we post these Outpost Terms of Service, and including any and all elements of the foregoing (collectively, the “Service”).

 

Certain products and services offered by Outpost may be subject to separate terms, in which case we will let you know what terms will apply to such products and services. Notwithstanding anything set forth to the contrary in these Terms, if you are accessing and using the SOS Game, the SOS License Terms shall control with respect to your use of the SOS Game.

 

These Terms of Service (these “Terms”) are a legally binding contract between you and Outpost regarding your use of the Service.  PLEASE READ THE FOLLOWING TERMS CAREFULLY.


BY CLICKINGI ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUTPOST’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND OUTPOST’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY OUTPOST AND BY YOU TO BE BOUND BY THESE TERMS.

 

Arbitration NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND OUTPOST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

1.       Eligibility. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2.       Accounts and Registration; Information Collection.

2.1           To access certain features of the Service, you may be required to register for an account. When you register for an account, you may be asked to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register for an account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@outpostgames.com.

2.2           For more information regarding the information we collect, and how we use and share such information, please read the Outpost Privacy Policy.  If you would like us to delete your account, please contact us at support@outpostgames.com or if you would like more information about our privacy practices, please contact us at privacy@outpostgames.com.

3.       Licenses.

3.1           Limited License. Subject to your complete and ongoing compliance with these Terms, Outpost grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service; provided however, that with respect to any Software, the foregoing license is expressly limited to one copy of the Software, as downloaded directly from  the Outpost web site or made available by an authorized Outpost distributor, solely in object code format.

3.2           License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

3.3           Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Outpost an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

4.       Ownership; Proprietary Rights. The Service is owned and operated by Outpost. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), text, pictures, audio, video, sound files, other files, products, software, services, and all other elements of the Service (“Materials”) provided by Outpost are protected by intellectual property and other laws. All Materials included in the Service are the property of Outpost or third party licensors. Except as expressly authorized by Outpost, you may not make use of the Materials. As between you and Outpost, Outpost reserves all rights to the Materials not granted expressly in these Terms.

5.       Third Party Terms.

5.1           Third Party Services; Third Party Integrations. Outpost may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Outpost with an account on the third party service, such as Discord, Twitch, Google, Beam, or Facebook Connect, or through our implementation of third party buttons. By using one of these tools, you agree that Outpost may transfer that information to the applicable third party service, as well as receive certain information from the applicable third party service in order to connect your account with Outpost’s Service. Without limiting the foregoing, certain third party services may be integrated with the Service (each, a “Third Party Integration”). For example, BattlEye, a third party anti-cheat protection system (“BattlEye”), is integrated with our SOS Game.

5.2           Disclaimer. Third party services, including Third Party Integrations, are not under Outpost’s control, and you hereby agree that Outpost is not responsible for the accuracy, legality, availability or reliability of any such third party service, the acts or omissions of any third party service providers of such third party services, or any information made available in connection with such third party services. You hereby agree that Outpost is not responsible for the use of your information (including any exported information) by any third party service (including any Third Party Integrations). Your use of such third party services, including any Third Party Integrations, and the manner in which such third party services (including any Third Party Integrations) use, store and disclose your information, is subject to such third party service’s terms of use and privacy policy, as applicable. BattlEye’s privacy policy may be found at https://www.battleye.com/privacy-policy/, and BattlEye’s EULA may be found at https://www.battleye.com/downloads/EULA.txt. Outpost will have no liability or responsibility for the privacy practices or other actions of any third party service, and you agree not to hold Outpost liable or responsible for any damage or loss caused by or in connection with the use any third party service (including any Third Party Integration).

5.3           Linked Websites The Service may also contain content from or links to third party websites. Linked websites and such third party content are not under Outpost’s control, and Outpost is not responsible for, nor does Outpost endorse, any content from such linked websites. Outpost does not control or endorse third party content and makes no representation or warranties of any kind regarding third party content, including without limitation regarding its accuracy or completeness.

5.4           Third Party Software. Without limiting the foregoing, the Service may include or incorporate third party software components, including certain software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Software”). Additional information with respect to such third party software is available at: https://corp.outpostgames.com/legal/outpost-foss-notices.html. Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Software under the applicable third party licenses or to limit your use of Third Party Software under those third party licenses.

6.       Updates and Patches. Outpost may provide updates, patches and other modifications to the Service that may need to be installed for you to continue to access and use the Service. You agree that Outpost may update, patch or modify the Service remotely and access the Service as residing on your machine for such purpose. You hereby grant to Outpost the right to deploy and apply such patches, updates and modifications and you are responsible for all associated internet usage costs. All provisions of these Terms that refer to the Service shall also include all such patches, updates and modifications. 

7.       User Content.

7.1    User Content Generally. Certain features of the Service may permit users to upload content to the Service, including comments, messages, reviews, photos, video, keystrokes, any audio or video transmissions (including voice and conversations), folders, data, text, and other types of works (“User Content”) and to publish User Content on or through the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

7.2    Limited License Grant to Outpost. By submitting, posting, publishing, or sharing User Content, you hereby grant Outpost a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully paid right and license (with the right to sublicense) to (i) host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed; and (ii) use your voice, persona and performance captured in any audio, visual, audiovisual or other forms through the Service for any purpose in connection with the Service or Outposts’ legitimate business interests.  You hereby agree not to enforce, to the extent permitted by law, all claims, including any moral rights or rights of identity or attribution, for our use of the User Content.

7.3    Limited License Grant to Other Users. By submitting, posting, publishing, or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

7.4    User Content Representations and Warranties. Outpost disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of submitting, posting, publishing, or sharing User Content. By submitting, posting, publishing, or sharing User Content, you affirm, represent, and warrant that:

a.     you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Outpost and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Outpost, the Service, and these Terms;

b.     your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Outpost to violate any law or regulation; and

c.     your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

7.5    User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Outpost may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Outpost with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Outpost does not permit copyright-infringing activities on the Service.

7.6    Monitoring Content. Outpost does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Outpost reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Outpost chooses to monitor the content, Outpost still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

7.7    Endorsements / Testimonials. If applicable, you agree that your User Content will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising ("Guidelines"). For example, if you have been paid or provided with free products or services in exchange for discussing or promoting a product or service through the Service, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the Service, you agree to comply with the Guidelines’ requirements for disclosing such relationships. You, and not Outpost, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Service.

8.       Community Standards. The Service may allow you to interact with others and contribute User Content, pursuant to Section 7. Your interaction with others through the Service and your User Content must be in accordance with the Rules of Conduct Rules of Conduct.  

 

9.       Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

a.     use the Service for any illegal purpose or in violation of any local, state, national, or international law;

b.     violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

c.     interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

d.     interfere with the operation of the Service or any user’s enjoyment of the Service, incl3uding by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

e.     perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

f.      sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials; or

g.     attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.

 

Furthermore, you agree that you shall abide by any safety information, maintenance instructions or other relevant notices contained in any manuals, notices or documentation we provide. 

10.    Digital Millennium Copyright Act.

10.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

 

Outpost Games, Inc.

ATTN: Legal Department (Copyright Notification)

255 Shoreline Drive, Suite 428, Redwood City, CA 94065

Email: DMCA@outpostgames.com

 

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:

a.     an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

b.     a description of the copyrighted work or other intellectual property that you claim has been infringed;

c.     a description of the material that you claim is infringing and where it is located on the Service;

d.     your address, telephone number, and email address;

e.     a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

f.      a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

10.2 Repeat Infringers. Outpost will promptly terminate the accounts of users that are determined by Outpost to be repeat infringers.

11.    Modification of these Terms. We reserve the right, at our discretion, to modify these Terms on a going-forward basis at any time, with or without prior notice, and such changes will be effective in accordance with the following. In the case of material changes to these Terms, Outpost will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or through the posting of modified Terms that you may be required to accept in order to continue using the Service.  The modifications to these Terms will be effective upon the earlier of (i) your first use of the Service with notice of such change, or (ii) 30 days from the posting of such change.  Your use of the Service following the date that any such change becomes effective constitutes your agreement to be bound by the modified Terms.  If you do not agree to the modified Terms, your sole and exclusive remedy is to terminate your account you may not use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of the Terms that was in effect at the time the dispute arose.

12.    International Use. The Service is controlled and operated from within the United States. Outpost makes no representation that the Service is appropriate or available in locations outside the United States. Those who choose to access the Service from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data form the United States or your country of residence.

13.    Term, Termination, and Modification of the Service.

13.1        Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.

13.2        Termination. If you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, Outpost may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@outpostgames.com.

13.3        Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer have access to your account; (c) you must pay Outpost any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3.3, 4, 5, 7.2, and 1318  will survive.

13.4        Modification of the Service. Outpost reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Outpost will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

 

14.    Indemnity. You are responsible for your use of the Service, and you will defend and indemnify Outpost and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Outpost Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

15.    Disclaimers; No Warranties.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. OUTPOST DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. OUTPOST DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT (INCLUDING ANY USER CONTENT) OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND OUTPOST DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. OUTPOST TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT POSTED, STORED OR UPLOADED BY YOU OR ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS OUTPOST LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER THROUGH THE SERVICE.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Outpost ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Outpost ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

however, Outpost does not disclaim any warranty or other right that Outpost is prohibited from disclaiming under applicable law.

16.    Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE OUTPOST ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Outpost ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 17.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE OUTPOST ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO Outpost FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17.    Dispute Resolution and Arbitration.

17.1 Generally. In the interest of resolving disputes between you and Outpost in the most expedient and cost effective manner, and except as described in Section 17.2, you and Outpost agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Outpost ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2 Exceptions. Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

17.3 Arbitrator. Any arbitration between you and Outpost will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Outpost. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

17.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Outpost's address for Notice is: Outpost Games, Inc., 255 Shoreline Drive, Suite 428, Redwood City, CA 94065. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Outpost may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Outpost must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Outpost will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Outpost in settlement of the dispute prior to the arbitrator’s award; or (iii) $10,000.

17.5 Fees. If you commence arbitration in accordance with these Terms, Outpost will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, CA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Outpost for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

17.6 No Class Actions. YOU AND Outpost AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Outpost agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

17.7 Modifications to this Arbitration Provision. If Outpost makes any future change to this arbitration provision, other than a change to Outpost's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Outpost's address for Notice of Arbitration, in which case your account with Outpost will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

17.8 Enforceability. If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 18.1 will govern any action arising out of or related to these Terms.

18.    General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Outpost regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

18.1 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Outpost submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, CA for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

18.2 Privacy Policy. Please read the Outpost Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Outpost Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

18.3 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

18.4 Contact Information. The Service is offered by Outpost Games, Inc. located at 601 Gateway Blvd, Suite 1050, South San Francisco, CA 94080. You may contact us by sending correspondence to that address or by emailing us at support@outpostgames.com. You can access a copy of these Terms by clicking here https://corp.outpostgames.com/legal/terms.html.

18.5 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.