TERMS OF USE

We, at OUTLOUD SOFTWARE DEVELOPMENT LTD ("OUTLOU:D", "OUTLOUD" "we" or "us"), are committed to respecting your privacy and the integrity and security of your personal data.
These Terms of Use (these "Terms") govern your use of our software, games, mobile applications, products, websites (including our domains provided by us) and services, features, contests and games that can be played through third party platforms and that we provide to you (collectively, "Services" or “Products”)

We reserve the right to change our practices and theseTermsat any time.

By using our Products, you agree to be bound by and comply with these Terms and our Privacy Policy.  Your access to and use of our Services is conditioned on your acceptance of and compliance with this Privacy policy and Terms of Use. If you do not agree to these Terms or our Privacy Policy, do not use our Products. The Terms apply regardless of the device used to access the Products, including without limitation a personal computer, mobile device, consumer electronics device, or any other technology or software known today or developed in the future.

1. Our Users

1. You may use our Services only if you can form a binding contract with OUTLOUD and you are not a person barred from receiving our Products under the laws of the United States or other applicable jurisdictions. Any access or use by anyone under the age of 18 is prohibited. If you are under the age of 18, you confirm that you are: (i) at least 14 years of age, (ii) either an emancipated minor or possess legal parental or guardian consent for using our Products, including making any payments that you authorize in our Products, and (iii) are fully able and competent to comply with these Terms and our Privacy Policy.
2. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF OUR PRODUCTS, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY IN RESPECT OF YOUR CHILD’S USE OF OUR PRODUCTS. YOU ALSO AGREE THAT ANY PAYMENTS AUTHORIZED BY YOUR CHILD SHALL BE YOUR SOLE RESPONSIBILITY AND LIABILITY. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
3. If you are accepting these Terms and using our Products on behalf of a company, organization, government or other legal entity, then “you” includes you and that entity, and you confirm that you are authorized to bind that entity to these Terms and our Privacy Policy, and you agree to these Terms and our Privacy Policy on that entity’s behalf.

2. Your Use

2. Area or your responsibility. You are responsible for your username and password, your account and your use of our Products, and any consequences thereof, and your compliance with these Terms and our Privacy Policy. You are responsible for ensuring that any username you select does not infringe any third party’s rights or is otherwise unlawful. We may refuse to grant you or revoke a username in our sole discretion for any reason including if it impersonates or misleadingly implies an association with another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. If you create an account with OUTLOUD or create a user profile with OUTLOUD (“Registration Data”) or submit any forms to OUTLOUD, you agree to provide complete, accurate and up-to-date information, and to update such information to keep it complete and accurate. You may use our Products only in compliance with these Terms, our Privacy Policy and all applicable laws, rules and regulations. If you provide any information that is inaccurate, not current or incomplete, or OUTLOUD has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, OUTLOUD may deny you access to areas requiring registration or terminate your account, at its sole discretion.
3. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR REGISTRATION DATA, AND FOR ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED AND ANY FEES OR CHARGES THAT ARE INCURRED THROUGH THE USE OF YOUR REGISTRATION DATA, AND/OR YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.
4. You may not use anyone else’s Registration Data or account at any time and you may not allow anyone else to use your username and password or account at any time. You agree that we will not be liable or responsible for any loss you may incur as a result of someone else using your Registration Data or account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by us or another party due to someone else using your Registration Data or account. You will notify OUTLOUD immediately in the event of unauthorized use of, or any other breach of your Registration Data or account. OUTLOUD may require you to change your Registration Data or may unilaterally change your Registration Data.
5. You may establish, maintain, use and control only one account on our Products. Each account on our Products may only be owned, maintained, used and controlled by only one individual. For avoidance of doubt, users may not “co-own” accounts on our Products. In the event OUTLOUD determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that OUTLOUD may have, OUTLOUD reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
6. You agree that the sole and specific purpose of registering an account on OUTLOUD is to participate in our Products. You acknowledge, consent and agree that OUTLOUD may access, preserve and disclose your Registration Data and Submissions (defined below) if we believe it is appropriate or necessary to enforce these Terms, the OUTLOUD Privacy Policy, Other Governing Document, or any other agreement with you; take precautions against liability or fraudulent, abusive, or unlawful uses; to investigate, respond to, and defend ourselves against third-party claims or allegations; to respond to court orders, judicial or other official government requests, subpoenas, or warrants in the manner legally required; to comply with U.S. state and federal laws and regulations, including but not limited to sharing with appropriate tax authorities, or other applicable laws around the world (for example, in the country of your residence); to protect the security or integrity of our Products; to respond to your requests for customer service; to report violations of OUTLOUD’S eligibility rules to third parties; and to protect the rights, property, or safety of OUTLOUD, our employees, our users, or others.
7. Your device. You represent and warrant that you own or control your computing device you use to use our Products, and understand that airtime, data, messaging and other charges from the provider of your computing device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your computing device is compatible with our Products. We do not make any representations, warranties or guarantees that our Products will be compatible with, or accessible by, your computing device. OUTLOUD does not guarantee that our Products are available in all geographic locations.
8. Your Feedback. We appreciate your feedback, ideas and other suggestions about OUTLOUD and our Products ("Feedback"), which you have no obligation to offer. If you voluntarily choose to provide us Feedback, you agree that we are free to use it as we see fit and without any compensation or other obligation to you, you hereby grant OUTLOUD an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid up, sublicensable and transferable license to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display your Feedback, and you irrevocably waive, and cause to be waived, against OUTLOUD and its users any claims of any moral or attribution rights in your Feedback.
9. User ContentOur Product enable you to share your content that you submit, posts you make in the forums, and the like ("User Content"), with us, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
10. User Content Usage To the extent that you provide User Content, you grant us a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display (incl promotional purposes), and otherwise use the User Content. This license includes granting us the right to authorize our partners to use User Content. Nothing in these Terms shall restrict other legal rights we may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms

3. Your Permission to Use Our Products

Subject to your compliance with these Terms and our policies, including our Privacy Policy, we grant you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use our Products for your own personal, non-commercial entertainment use. You agree that you are permitted to use the data, text, pictures, graphics, audio, video, icons, content, features, links, software, and Virtual Items and Virtual Currency (each as defined below), including any game themes, plots, sequences and characters, and other in-game items, available in, on or through our Products (collectively, the “Materials”) only when using our Products for your own personal, non-commercial entertainment use. All right, title, and interest in and to our Products (including the Materials), including all intellectual property and proprietary rights therein and thereto, but excluding the Submissions made available by you and other users, are and will remain the exclusive property of OUTLOUD and its licensors. OUTLOUD reserves all rights in and to our Products (including the Materials) not expressly granted to you under these Terms. Nothing in these Terms gives you a right to use the OUTLOUD name or any of the OUTLOUD trademarks, trade names, trade dress, logos, service marks and domain names with respect to our Products.

4. Your Submissions

4. Use of your submissions.A user of our Products, including you, may create, display, post, publish, share, submit or transmit comments, notes or other information regarding our Products or use of or experiences with our Products (collectively, "Submissions") through forums, message boards or elsewhere in our Products. Your Submissions may be publicly viewable via the Products by other OUTLOUD users as well as generally on the Web. You should only make available Submissions that you are comfortable sharing publicly and for which you have no expectation of privacy. OUTLOUD strongly encourages you not to make available Submissions that contain your personally identifiable information, or your confidential or proprietary information. Any Submissions shall be deemed non-confidential. You are responsible and liable for your Submissions. You agree that your Submissions shall not violate these Terms. You represent and warrant that you either are the sole and exclusive owner of your Submissions or you have all rights, licenses, consents and releases that are necessary to grant to OUTLOUD and its users the rights in your Submissions as contemplated by these Terms; and neither your Submissions nor your creating, displaying, posting, publishing, sharing, submitting or transmitting of your Submissions or the use of your Submissions (or any portion thereof) on, through or by means of our Products will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
5. By creating, displaying, posting, publishing, sharing, submitting or transmitting Submissions, you hereby grant OUTLOUD and its users a non-exclusive, worldwide, royalty-free, fully paid up, sublicensable and transferable license to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display your Submissions in any and all media or distribution methods (now known or later developed) for the purposes of developing, providing, operating, promoting and using our Products. In addition, you agree that this license includes the right for OUTLOUD to use, share or disclose your Submissions with companies, organizations or individuals that partner with OUTLOUD, and to further distribute your Submissions to a wider audience through third party sites and services. These uses may be made by or on behalf of OUTLOUD without any compensation or other obligation, whether of confidentiality, attribution or otherwise, to you. Nothing in these Terms shall restrict other legal rights OUTLOUD may have to user Submissions, for example, under other licenses. Following termination of your use of our Products, we may retain your Submissions for our business or other legitimate purposes, and for backup, archival or audit purposes. Furthermore, OUTLOUD’s users may retain and continue to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display any of your Submissions that other users have stored or shared.
6. Responsibility for Submissions.A Submission is the sole responsibility of the user who originated such Submission and each user is responsible for their own conduct while using our Products. OUTLOUD does not take any responsibility and assumes no liability for monitoring our Products for any inappropriate or illegal Submissions or other conduct of users made available through our Products including through forums, message boards, chat functions or elsewhere in our Products. We do not endorse, support, represent, warrant, guarantee or verify the appropriateness or legality of any Submissions or any other conduct of users of our Products. You understand that by using our Products, you may be exposed to Submissions or other user conduct that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Submissions that have been mislabeled, are deceptive or otherwise unsuited to your purpose. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review your Submissions and other conduct to ensure that you are complying with these Terms and our policies, and to edit, refuse to post or remove Submissions at any time and for any reason that we believe violate these Terms or our policies. In any forums, message boards or chat functions, we also reserve the right, and have absolute discretion, to moderate any interactions and remove any participants, including you, at any time and for any reason that we believe violate these Terms or our policies. However, under no circumstances will we take any responsibility for the Submissions or other conduct of users of our Products made available through our Products.

5. Restrictions and Limitations regarding Your Use

5. Services evolution. Our Products, including the Materials, are evolving and may change from time to time without prior notice to you. We reserve the right to modify, suspend or discontinue our Products, including any Materials, or any features or parts thereof without prior notice. You agree that we will not be liable for any such modification, suspension or discontinuance.
6. Your interactions.You are solely responsible for your interactions (including any disputes) with other users of our Products. Even if we permit you to report users, block users or offer similar features in our Products, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Products and disclosing your personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet a user offline or in person. Your use of our Products is at your sole risk and discretion, and we disclaim any and all liability to you or any third party relating thereto. We reserve the right to contact you, in compliance with applicable law, in order to evaluate compliance with these Terms. You agree to cooperate fully with OUTLOUD to investigate any suspected unlawful, fraudulent or improper activity, including granting authorized OUTLOUD representatives access to any password-protected portions of your OUTLOUD account.
7. Prohibited Submissions. In addition to the other restrictions outlined in these Terms, you will not create, display, post, publish, share, submit or transmit any Submission through our Products that:
   • is sexually explicit or pornographic,
   • creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal,
   • may create a risk of any other loss or damage to any person or property,
   • seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise,
   • violates, or encourages any conduct that violates applicable laws, rules or regulations,
   • contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable,
   • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets),
   • infringes, misappropriates or violates any third party’s intellectual property, privacy, publicity, or other personal or proprietary rights,
   • links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content,
   • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or
   • is fraudulent, false, misleading, or deceptive.
8. Prohibited Activitie In addition to the other restrictions outlined in these Terms, you will not do any of the following while using our Products:
   
   
   • create an account with OUTLOUD for anyone other than yourself,
   • transfer, sell or trade your account, your Registration Data, or access to the Products to anyone without written permission from OUTLOUD,
   • facilitate real money bets or wagers,
   • create a false identity or impersonate another person or entity, including without limitation, identities falsely indicating that you are a OUTLOUD official or representative, message board moderator, guide, another user or host, or that you are a celebrity or public figure,
   • solicit another user’s login credentials, access another user’s account without express written permission, or otherwise access our Products by automated means including through bots, robots or spiders,
   • use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users of our Products, or modify or interfere with our Products,
   • access or use our Products for any purpose that is illegal or fraudulent, beyond the scope of their intended use or otherwise prohibited by these Terms, including any credit card scams or credit card misappropriation, or engage in, encourage, or promote any activity that violates these Terms,
   • engage in any Unauthorized Transactions, including any prohibited buying, selling, trading, or wagering of any Virtual Currency and Virtual Items for non-OUTLOUD items (including cash) or vice versa
   • collect or store any personally identifiable information of our users from our Products without the express written permission of such users,
   • attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written approval to do so, or impersonate or misrepresent your affiliation with any other person or entity,
   • develop any third party applications that interact with our Products without our express written approval to do so,
   • use our Products for any commercial purpose or the benefit of any third party without our express written approval to do so or in any manner not permitted by these Terms,
   • use, display, mirror or frame our Products, any individual element within our Products, the OUTLOUD name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written approval to do so,
   • interfere with or attempt to interfere with, disrupt, negatively affect or inhibit other users from enjoying our Products, or that could damage, disable, overburden or impair the functioning of our Products in any manner, including without limitation (i) sending any unsolicited or unauthorized advertising, spam, solicitations or promotional materials, (ii) sending altered, deceptive or false source-identifying information, (iii) scripting the creation of Submissions in such a manner as to interfere with or create an undue burden on our Products, (iv) transmitting software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots, or without authorization or (v) abusing or exploiting a bug, glitch or similar issue in our Products,
   • attempt to access or search our Products or scrape or download Submissions from our Products, or otherwise use, upload content to, or create new links, reposts, or referrals in our Products through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by OUTLOUD or other generally available third party web browsers,
   • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OUTLOUD or any of our providers or any other third party (including another user) to protect our Products,
   • access, tamper with, or use non-public areas of our Products, OUTLOUD’s computer systems, or the technical delivery systems of OUTLOUD’s providers,
   • probe, scan, or test the vulnerability of any system or network or breach, compromise or circumvent any security or authentication measures of OUTLOUD,
   • reverse engineer, decompile or disassemble any aspect of our Products or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Products,
   • modify, copy, reproduce, port, adapt, translate or create any derivative work based upon, our Products,
   • distribute, frame, republish, scrape, post, transmit, stream, broadcast, transfer, license, sublicense, publicly display, publicly perform, sell or otherwise exploit in any form or by any means, in whole or in part, any of our Products, which includes scrape user locations, power levels, or utilize any non public information about game play or other users and migrate that data anywhere,
   • remove or modify any trademarks, trade names, trade dress, logos, service marks, or copyright or other proprietary notices in or on our Products, or add any other markings or notices in or on our Products,
   • violate the rights of any user of our Products, or any law, rule or regulation, including use our Products in jurisdictions where such use is prohibited by applicable law, or
   • encourage or facilitate any violations of these Terms or our policies, including our Privacy Policy,
   • attempt to obtain, obtain or encourage others to obtain any refund with respect to our Products that is based on false, fabricated or fraudulent reasons.

A violation of this Section 5 may result in the removal of your content from our Products and/or the suspension or cancellation of your account or right and ability to use our Products. You acknowledge and agree that OUTLOUD may in its sole discretion remove any Submissions, block access to our Products or the content therein, and suspend or terminate any account at any time for any reason or no reason. To report abuse of the Terms, please contact us.

6. Virtual Items and Virtual Currency

6. You acknowledge that our Products may include fictional credits or currency that can be used only with our Products ("Virtual Currency"), and the Virtual Currency may be used to gain limited rights to use virtual items for use exclusively within our Products ("Virtual Items").
7. If you acquire limited licenses to use Virtual Currency and Virtual Items from OUTLOUD, you agree that the Virtual Currency and the Virtual Items are provided solely for your own personal, non-commercial entertainment use, can only be used with our Products, and are not redeemable for any sum of money or monetary value from OUTLOUD or any other person or entity at any time. By acquiring Virtual Currency or Virtual Items, you receive a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use the Virtual Currency and/or the Virtual Items, as applicable, as part of your use of our Products for your own personal, non-commercial entertainment use. You agree that you do not have any right, title or interest in and to the Virtual Currency and the Virtual Items, except for the express license rights set forth in this Section.
8. THE VIRTUAL CURRENCY AND THE VIRTUAL ITEMS DO NOT HAVE ANY CASH VALUE, AND NEITHER OUTLOUD NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR VIRTUAL ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, NEGOTIABLE CURRENCY, AND IF YOUR ACCESS TO OUR PRODUCTS AND/OR YOUR ACCOUNT IS TERMINATED, WHETHER VOLUNTARY OR INVOLUNTARY, YOUR VIRTUAL CURRENCY AND VIRTUAL ITEMS SHALL HAVE NO VALUE.
9. Any balance of Virtual Currency or Virtual Items does not reflect any stored value. The use of Virtual Currency or Virtual Items within our Products may be limited as described in the applicable Other Governing Agreement. We reserve the right to control, regulate, change, remove, expire, limit, or modify any Virtual Currency or Virtual Items at any time without any liability to you. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future Virtual Currency and Virtual Items and any other forms of unredeemed value in or associated with your account without prior notice to you.
10. We have the sole right to manage, modify and/or terminate the Virtual Currency and Virtual Items, and we shall have no liability to you or anyone else for the exercise of such rights. For example, we have the sole right to make all calculations regarding your balance of Virtual Currency, including the number of Virtual Currency that are credited and debited in connection with your use of our Products. While we strive to make such calculations on a consistent and reasonable basis, you agree that our determination of the amount of your Virtual Currency is final and binding, absent manifest fraud or error. In addition, we may impose a maximum balance of Virtual Currency acquirable with United States Dollars or other applicable currency that you can maintain with OUTLOUD at any given time.
11. Any unauthorized exchange, trade, transfer, purchase or sale of any Virtual Currency or Virtual Items (“Unauthorized Transactions”) to anyone, including other users of our Products is strictly prohibited. You acknowledge that OUTLOUD may terminate or reverse any Unauthorized Transaction, and may suspend or terminate your use of our Products if you engage or assist in any Unauthorized Transaction.
12. You acknowledge and agree that OUTLOUD shall have no liability for the loss of Virtual Currency and/or Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity, including any Unauthorized Transactions. OUTLOUD may replace such lost Virtual Currency and/or Virtual Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability to you or any other user of our Products.
13. We may revise the pricing for Virtual Currency and Virtual Items offered through our Products at any time. We may limit the total amount of Virtual Currency or Virtual Items that may be purchased at any one time, and/or limit the total amount of Virtual Currency and Virtual Items that may be held in your account in the aggregate. You are only allowed to obtain Virtual Currency and Virtual Items from us or our authorized partners through our Products, and not in any other way.

7. Payment And Refunds

7. You agree to pay all fees and charges, including applicable taxes, incurred by you or through the use of your Registration Data, and/or the account registered to you. Unless otherwise indicated, all prices are in United States Dollars. If a price is in United States Dollars and if you are using a local currency, the actual amount charged to you may fluctuate based on currency exchange rates without notice to you. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees or charges incurred plus all applicable taxes. YOU AGREE THAT YOU ARE FULLY LIABLE AND RESPONSIBLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR REGISTRATION DATA AND/OR YOUR ACCOUNT VIA THE PRODUCTS. OUTLOUD may revise the pricing for the Products and its components at any time. If OUTLOUD makes a change to the subscription price for a Product, we will let you know in advance. OUTLOUD provides no refunds for any purchases, except as expressly set forth below in this Section.
8. OUTLOUD may offer one or more of its Products on a subscription basis. If you purchase a Product subscription, then you are requesting that OUTLOUD begin supplying the subscription immediately and are entering into a subscription contract with OUTLOUD, which may be monthly or some other time period as agreed by you. You are also authorizing a charge in the amount of the subscription fee at the rate quoted at the time of purchase. For subscription services purchased through one of our Products played on a platform such as Apple, the applicable platform will charge you the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.
9. If you purchase a Product subscription, then your subscription will automatically renew each month or such other renewal period unless and until you terminate your subscription or OUTLOUD terminates your subscription. You must cancel your subscription before its next monthly or such other renewal period; otherwise, your payment of the next subscription fee will be taken automatically via your chosen payment method. You may cancel at any time by following the applicable cancellation instructions for the Product for which you purchased a subscription. If you are a resident of the European Union and you purchase a Product subscription, the subscription may be cancelled within 14 days from the date of purchase and you may obtain a refund of your initial payment minus a reasonable prorated portion to cover your use of the Product subscription prior to cancellation. Please review the appropriate platform’s cancellation terms for additional information.
10. We reserve the right to suspend, disable, cancel or terminate your subscription or convert your subscription account to a standard account at our discretion and without any notice. If we cancel your subscription, we will give you a prorated refund based on the amount of time remaining in your pre-paid subscription; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Products violates these Terms or has harmed another user.
11. We reserve the right to charge fees for the right to use Virtual Currency or Virtual Items, and/or may distribute Virtual Currency or Virtual Items without charge, in our sole discretion. You agree that we may take any action that impacts the perceived value of or pricing for any Virtual Currency, Virtual Items and/or any of our Products at any time.
12. You may purchase limited licenses to use Virtual Currency and Virtual Items from OUTLOUD in accordance with these Terms, and you agree that all such purchases are final and non-cancellable. If you order licenses for Virtual Currency or Virtual Items that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.
13. You expressly consent to the making available of Virtual Currency and/or Virtual Items immediately upon acceptance of your order. If you are a resident of the European Union and you purchase limited licenses to Virtual Currency or Virtual Items from us, the right to withdraw from such purchases within 14 days from the date of purchase (“Cooling Off Period”) may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree that if you order limited licenses to Virtual Currency or Virtual Items from us, your right of withdrawal is forfeited upon your acceptance as performance begins immediately on your acceptance.
14. You may be required to provide OUTLOUD or its designated agent, or the applicable platform through which you play our Product with your credit or debit card number or other payment information, and related billing information, in connection with your use of the Products, your purchase of Product subscriptions and/or your purchase Virtual Currency or Virtual Items. You may also have the option of participating in third-party offers to receive Virtual Currency. We are not responsible or liable to you for any card or bank-related charges and fees related to your transactions on our Products, or for your participation in any third party offers. All such transactions are administered by a third-party payment processor. OUTLOUD expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through any such third-party payment processor.
15. ALL PURCHASES WITH RESPECT TO THE PRODUCTS ARE FINAL AND NON-CANCELLABLE, AND UNDER NO CIRCUMSTANCES WILL BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE, EXCEPT THAT (a) EU CUSTOMERS MAY CANCEL WITHIN 14 DAYS OF THEIR INITIAL PURCHASE AS EXPRESSLY EXPLAINED ABOVE, AND (b) VIRTUAL CURRENCY MAY BE EXCHANGED FOR VIRTUAL ITEMS.
16. You agree to pay all fees or charges incurred by you, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in United States Dollars. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees or charges you incur plus all applicable taxes. YOU AGREE THAT YOU ARE FULLY LIABLE AND RESPONSIBLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR USERNAME AND PASSWORD AND/OR YOUR ACCOUNT VIA THE PRODUCTS.
17. When you make purchases through either Apple iTunes service or the Google Play service, you agree to their respective Terms and Conditions. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html). If you are unsure about your rights in purchases made through either service, you should check with your respective service before making a purchase. All payment related requests related to such purchases should be directed to Apple or Google through their respective service, and are subject to their respective Terms and Conditions. We are not a party to any In-App Purchases and we have no obligation to, and cannot, provide refunds or credits (except as required by law). All sales of Virtual Currency and Virtual Items are final and charges paid by you are final and non-refundable, except as required by law.
18. You consent to receive notifications from OUTLOUD electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your email address information current.
19. Without derogating from the above, notwithstanding anything else in these Terms, NO refunds shall be made:

• in the event if you violated these Terms or applicable licence agreement terms;
• in the event if you have failed to comply with your payment obligations under Product pricing terms. 

The refund shall be made on the same account it was paid for less applicable bank and transaction commissions. Customers who wish to redeem a refund must contact customer service by emailing bizdev@outloud.gamesand indicate the reason for refund. 

8. Location-Based Services, Push Notifications, and Other Communications

8. We may offer features that are based on the location of users and which may report on the locations of those users as they use the Products (“Location-Based Services”). You may partake in using these Location-Based Services solely at your own discretion and may opt out of providing that information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through our Products. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through our Products.
9. The Products may make use of push notifications to devices that support the transmission of such notifications or alerts. Push notifications are used to send notification messages to you regarding offers, products, events, and other promotions and related alerts, as well as informational and/or administrative messages. After downloading the Products, you may be asked to accept or deny push notifications. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from the Products, you may opt out by changing your notification settings on your device or, if applicable, through the push notification service. For mobile devices, the device manufacturer, not OUTLOUD, controls these notification settings.
10. OUTLOUD may send you emails concerning our Products, as well as those of third parties. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to bizdev@outloud.games. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
11. By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing bizdev@outloud.games "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email bizdev@outloud.games with contact information and the address for delivery.

9. Disclaimers

9. Your use of our Products is entirely at your own risk. OUR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OUTLOUD makes no warranty and disclaims all responsibility and liability for: (a) the appropriateness, suitability, completeness, accuracy, availability, timeliness, security or reliability of our Products, (b) any harm to your computing devices, loss or compromise of data, transactions or other materials, or other harm that results from your use of our Products, (c) the editing of, the failure to make available, or removal of, any of your Submissions through our Products, (d) any system outages, unavailability or decreased functionality with respect to our Products, (e) whether our Products will meet your requirements or be available on an uninterrupted, secure or error-free basis, and (e) any Submissions, any Linked Items and any third party information, websites, products, services, resources or other events or activities obtained via our Products. No advice or information, whether oral or written, obtained from OUTLOUD or through our Products, will create any warranty not expressly made herein. Some jurisdictions do not allow such disclaimers, so the foregoing disclaimers may only apply to you up to the maximum extent permitted under applicable law.

10. Suspension; Termination

10. You may terminate these Terms at any time for any reason by deactivating your account and discontinuing your use of our Products. If you stop using our Products with or without deactivating your account, your account may be deactivated due to prolonged inactivity as determined by OUTLOUD. We may suspend or terminate your use of our Products at any time for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms, (b) you create risk or possible legal exposure for us or any of our users or (c) our provision of our Products to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address that you provide to us or the next time you attempt to use our Products. We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate. We reserve the right of deleting an account if there are signs of suspicious, unusual or harmful activities, therefore creating a potential danger for Website. However, we highly trust and respect our users and we do not believe it will be the case to terminate someone’s account.
11. Upon termination for any reason, any Virtual Currency and/or Virtual Items to which you had access immediately prior to the time of termination will be lost and will no longer be available to you, and you will have no right to them. OUTLOUD IS NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY VIRTUAL CURRENCY OR VIRTUAL ITEMS FOR ANY REASON, AND YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY AND/OR VIRTUAL ITEMS UPON TERMINATION FOR ANY REASON.
12. Upon termination for any reason, we will have no obligation to provide any of our Products to you, and your limited license to use our Products as set forth in these Terms will terminate. We will not be liable to you or any third party for termination of our Products or termination of your use of our Products. UPON ANY TERMINATION, ANY SUBMISSIONS THAT YOU HAVE SUBMITTED IN OUR PRODUCTS OR WHICH ARE RELATED TO YOU MAY NO LONGER BE ACCESSED BY YOU BUT WE, IN OUR SOLE DISCRETION, MAY SHARE SUCH SUBMISSIONS IN ACCORDANCE WITH THESE TERMS INDEFINITELY OR WE MAY DESTROY ALL OR PART OF SUCH SUBMISSIONS WITHOUT ANY LIABILITY OR OBLIGATION TO YOU. Furthermore, we will have no obligation to maintain any information stored in our database related to you or to forward any such information to you. Any right or obligation which, by its express terms or nature and context is intended to survive termination or expiration of tease Terms, will survive any such termination.

11. Indemnity

11. You agree to indemnify, defend and hold harmless OUTLOUD and its directors, officers, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your use of our Products, (b) your Submissions, (c) your breach of any of these Terms or (d) your violation of the rights of other users. OUTLOUD reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with OUTLOUD in defense of such matter.
12. Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold OUTLOUD and each of its officers, directors, employees, shareholders and representatives harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
13. If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
14. If you are not a California resident, you waive your rights under any statute or common law principle similar to California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.

12. Limitations of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS. IN NO EVENT SHALL OUTLOUD OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING ANY ALTERATION, BREACH, COMPROMISE, CORRUPTION OR LOSS OF DATA) IN ANY WAY RELATED TO (A) THE USE OF OUR PRODUCTS, (B) THE PROVISION OF OUR PRODUCTS, (C) THE CONDUCT OF OTHER USERS OF OUR PRODUCTS, (D) THE USE OF ANY THIRD PARTY INFORMATION, WEBSITES, PRODUCTS, SERVICES, RESOURCES OR OTHER EVENTS OR ACTIVITIES OBTAINED VIA OUR PRODUCTS AND (E) THESE TERMS AND OUR PRIVACY POLICY. YOUR ONLY REMEDY AGAINST OUTLOUD FOR DISSATISFACTION WITH OUR PRODUCTS IS TO STOP USING OUR PRODUCTS. IF, NOTWITHSTANDING THESE TERMS, OUTLOUD IS FOUND LIABLE TO YOU, THE CUMULATIVE LIABILITY OF OUTLOUD AND ITS LICENSORS TO YOU SHALL IN NO EVENT EXCEED US$100.00. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT OUTLOUD HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow such limitations of liability, so the foregoing limitations shall apply to you up to the maximum extent permitted under applicable law. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.

13. Governing Law,

13. These Terms are governed by the laws of These Terms are not governed by the conflict of law rules of any jurisdiction, the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act, the application of each is expressly excluded. We each agree to submit to the exclusive jurisdiction of the courts of Cyprus according to OUTLOUD place of registration for any matters not subject to arbitration. No claim against OUTLOUD may be brought more than one year after the facts giving rise to such claim have arisen.

14. Arbitration and Class Action Waiver

14. If you have a dispute with OUTLOUD in any way related to your use of our Products, these Terms or our Privacy Policy, you agree to attempt to resolve the dispute with us informally. If we are unable to resolve the dispute informally, we each agree to resolve the dispute by binding arbitration, except that you and OUTLOUD are not required to arbitrate any dispute in which either party seeks injunctive or other equitable relief for the unauthorized access or use of our Products or unlawful use of intellectual property.
15. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated, then the parties agree to resolve by arbitration subject to the provisions in this Section. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration.
16. You and OUTLOUD agree that arising disputes shall be finally settled by the Arbitration Institute of the Stockholm Chamber of Commerce. The number of arbiters – one, language of proceedings – English Judicial Arbitration and Mediation Product (“JAMS”) will conduct the arbitration confidentially pursuant to JAMS’ then current rules with a single arbitrator. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
17. The parties further agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND OUTLOUD 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
18. Either party may bring an action in state courts or other competent government authority to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

15. Miscellaneous

15. If any provision of these Terms is held to be unenforceable, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining Terms will remain in full force and effect. The failure of OUTLOUD to enforce any of these Terms will not be deemed a waiver of such Terms. You may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without OUTLOUD’s prior written approval. All of our rights and obligations under these Terms are freely assignable or transferable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. These Terms do not confer any third party beneficiary rights.
16. You agree that the provisions in these Terms that limit liability and disclaim warranties are essential terms of these Terms.
17. The section titles in the Terms are for convenience only and have no legal or contractual effect.
18. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
19. Please contact us at bizdev@outloud.games you have any questions or comments about these Terms.