1.Acceptance of Terms
By using or visiting an Outrun Digital website (the "Website"), you agree to these terms and conditions (the "Terms"). Outrun Digital may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Website after they are posted online.
2. Outrun Digital
These Terms apply to all users of the Website, including users who contribute content to the Website. The Website may contain interactive areas designed to allow you to post content on the Website and/or comment. The use of these features is additionally governed by the "Code of Conduct" (defined below). The Website may contain links to third party websites that are not owned or controlled by Outrun Digital. The links to the third party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third party websites by Outrun Digital. Outrun Digital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
3. User Accounts
To access some features of the Website, you may have to register for an Outrun Digital user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify Outrun Digital immediately of any breach of security or unauthorized use of your user account. Although Outrun Digital will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Outrun Digital or others due to such unauthorized use.
You are at least 13 years old. There is no exception to this requirement.
You acknowledge and follow the game ratings of the game(s) you play in any Outrun Digital’s owned, maintained or organized esports leagues.
You have verified for any additional regional regulations, to play Virtual Reality games, based on your location.
4. Ownership of Website Content
As between you and the Website, Outrun Digital owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Website ("Content"), including, without limitation, all written, audio visual or other materials and graphical elements on the Website, but excluding "User Content" (defined below). Outrun Digital grants you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Website, subject to the following conditions:
they must be used or reproduced accurately, without any modification;
they must identify Outrun Digital as the source;
they must be used solely for non-commercial purposes;
Outrun Digital's express, prior, written permission is required for any Content that is not included in the license above, such as any graphical elements or website code, and/or for the use of Content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever. The Outrun Digital logos are trade-marks of Outrun Digital, and may not be used without the express written permission of Outrun Digital.
You may be able to post or upload (in designated areas of the Website) written content or other content (collectively "User Content") to the Website. You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Website, you automatically grant Outrun Digital a worldwide, non-exclusive, non-expiring, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such User Content on the Website for the purpose of sharing the User Content with users and visitors of the Website and to promote the Website. You represent and warrant that you own or have the rights to use the User Content and you license Outrun Digital to use the User Content in the manner contemplated by the Website and these Terms. Outrun Digital will not share or sell your personal information to any third parties. Outrun Digital is not responsible if you upload any form of media without full copyrights and Outrun Digital reserves the rights to delete such media at any time.
When creating an account, we collect your login credentials. We may also collect, when provided, your streaming URL, your public Discord user identifier and your country flag. For the user experience, we also collect your time zone.
We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register on the Website or send any personal information about yourself to us.
6. Code of Conduct
You may not use the Website for any illegal or unauthorized purpose. In addition to the laws of the United States of America, you also agree to comply with all local laws that apply to your use of the Website.
You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, Outrun Digital's servers or computer network, or interfere with any other party's use and enjoyment of the Website.
You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website, you will not:
post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights(such as rights of privacy and publicity) of others;
post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
use the Website in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website to collect information about other users or domain names;
upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
While Outrun Digital prohibits such conduct and User Content in connection with the Website, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Website at your own risk.
Outrun Digital reserves the right to monitor use of this Website to determine compliance with these Terms. Although Outrun Digital does not read, review, vet or otherwise assess User Content in advance of its posting, Outrun Digital reserves the right to remove any User Content and/or terminate your Outrun Digital User Account without notice for breach or for any other reason.
You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. These Terms will be governed by and construed in accordance with the laws of the State of California, USA without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in the State of California, USA. You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. These Terms constitute the entire agreement between you and Outrun Digital with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENTIS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,OR NON-INFRINGEMENT. OUTRUN DIGITAL DOES NOT WARRANT THAT THE WEBSITE ORCONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THATDEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES ITAVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THEFOREGOING, OUTRUN DIGITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDINGUSE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OFACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICALINACCURACIES. OUTRUN DIGITAL MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT ORTHE WEBSITE AT ANY TIME. OUTRUN DIGITAL MAKES NO WARRANTIES THAT YOUR USE OFTHE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY ORRESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
9. LIMITATION OF LIABILITY
OUTRUN DIGITAL, ITSEMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHERDAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN ANDSUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROMANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USEOF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V)FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANYCONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THEWEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORYGIVING RISE TO THE DAMAGES, AND EVEN IF OUTRUN DIGITALHAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLYTO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUSPECIFICALLY ACKNOWLEDGE THAT OUTRUN DIGITAL, ITS EMPLOYEES, AGENTS, OFFICERSAND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY,OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM ORDAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS OUTRUN DIGITAL, ITS EMPLOYEES, AGENTS, OFFICERS ANDDIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS,LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY'S FEES AND OTHER EXPENSES ARISINGFROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANYTHIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, ORPRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDEANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THISDEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OFTHE WEBSITE. IN SUCH A CASE, OUTRUN DIGITAL WILL PROVIDE YOU WITH WRITTENNOTICE OF SUCH CLAIM, SUIT OR ACTION.