Terms of Use for Website and Games

Last updated: 19 April 2024
1.

These terms and conditions (Terms) apply to your use of Outerdawn Limited’s (Outerdawn ) website hosted on www.outerdawn.com (Site) and any download, access and/or use of Outerdawn’s games ( Games), whether on your computer, a mobile device, on the Site, on a social media platform, or on any other device or platform. These Terms also apply to other Outerdawn services provided in relation to the Games or the Site, including customer support, chats, social media and other websites what Outerdawn may operate in relation to the Games. These Terms contain important information about the Games and your obligations in relation to the Games.

2.

By accessing and browsing the Site, or downloading or using the Games, you agree to be bound by these Terms and Outerdawn’s Privacy Policy (available at http://www.outerdawn.com/privacypolicy), which will constitute an agreement between you and Outerdawn. If you access or download the Games via an authorised third party provider (such as the Apple App Store, Google Play, or Facebook), you also agree to comply with any terms and conditions of that third party provider. If you do not agree to these Terms and the Privacy Policy, you must not access or use the Site or the Games.

3.

These Terms are available via the Apple App Store, Google Play and on other platforms (including social media platforms) that you may access the Games from, and on the Site. Outerdawn may amend these Terms from time to time, and you should check and read these Terms regularly. The latest version of these Terms is available at (http://www.outerdawn.com/termsconditions). By continuing to use this Site and Games after any such amendments, you are deemed to have agreed to the amended Terms.

4.

If you breach these Terms, in addition to its other remedies available, Outerdawn may restrict or exclude your access to the Site or Games, without notice or compensation to you.

Using the Games and the Site

5.

In order to use this Site and the Games, you must obtain access to the Internet and pay any service fees associated with that access.

6.

You agree that you will follow any rules and guidelines issued in relation to the Games, including rules or guidelines issued by social media platforms in relation to the Games.

7.

There may be times when our Site or Games may not be available due to technical or maintenance reasons (scheduled or unscheduled). Outerdawn does not guarantee that the Site or the Games will be available at all times or that Outerdawn will continue to offer the Site or the Games. The Site and the Games may be changed, updated or discontinued without notice. You consent to any patches, modifications, updates or changes made by Outerdawn to the Games. Outerdawn will not be liable to you for any loss associated with maintenance, changes, updates or discontinuance of the Site or Games.

8.

You must comply with the laws of your current location when accessing and using the Site and Games.

9.

You are responsible for anything that you upload, communicate, transmit or make available through the Site and the Games. You must not upload, communicate, transmit or make available anything:

  1. that is unlawful, harmful, harassing, defamatory, obscene, objectionable, or is likely to incite violence;
  2. that constitutes an invasion of privacy;
  3. which infringes any intellectual property right;
  4. which consists of any unsolicited or unauthorised advertising or electronic communication; or
  5. which contains software viruses or any other malicious computer code, files or programs.
10.

When using the Site or the Games, you agree not to:

  1. harm, offend or harass any person;
  2. use another person or entity’s personal details or User Account (defined below) details in order to access the Site or the Games;
  3. use the Site or Games for a fraudulent or abusive purpose;
  4. disguise, anonymise or hide your IP address or the source of any user-generated content;
  5. interfere with or disrupt the Site or the Games;
  6. attempt to decompile, reverse engineer, or hack any Games, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by Outerdawn;
  7. collect any information about or regarding other people that use the Games, including but not limited to any personal data or information;
  8. sell or transfer your User Account (defined below) or any in-game purchases or currency; or
  9. use the Site or Games in any other way that is not permitted by these Terms.
11.

Any games offered do not allow or offer gambling with real money, or the opportunity to win real money or prizes. Any success in the Games does not guarantee, indicate or suggest any future success in gambling with real money.

User Accounts

12.

You may be required to create an account in order to access and use the Site and/or the Games (User Account). If you create a User Account, you agree to keep the User Account login details secret and secure and will not give these details to anyone else or let someone else use your login details.

13.

Outerdawn is not responsible for any loss that you suffer as a result of an unauthorised person accessing your User Account.

14.

Outerdawn may delete your User Account if you breach any of these Terms or if the User Account is inactive for more than 180 days. If your User Account is deleted, you will not be able to access the User Account and will not have any rights to your User Account, the Games you accessed or downloaded, or any in-game purchases. You will not receive or be entitled to any compensation if your User Account is deleted.

Rewards

15.

Disqualification: Outerdawn Limited reserves the right to disqualify any participant who violates these terms and conditions or engages in any fraudulent or inappropriate behaviour. Disqualified participants will forfeit any claim to the rewards.

16.

Limitation of Liability: Outerdawn Limited and its affiliates, directors, officers, employees, and agents will not be held liable for any claims, losses, damages, or expenses arising out of or in connection with the rewards.

17.

Modification or Termination: Outerdawn Limited reserves the right to modify, suspend, or terminate the rewards at any time, for any reason, without prior notice.

18.

Governing Law: The giveaway and these terms and conditions will be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with the giveaway will be subject to the exclusive jurisdiction of the courts in New Zealand.

19.

Privacy: Any personal information collected from participants will be used solely for the purpose of administering the giveaway and will be handled in accordance with Outerdawn Limited's privacy policy.

In‑Game Purchases

20.

The Games may include virtual currencies and in-game purchase options. Once an in-game purchase has been made the purchase cannot be exchanged for real money, real goods or real services from Outerdawn or any third party. In-game purchases are not transferable and have no monetary value.

21.

An in-game purchase gives you a licence to use the purchased item or spend virtual currencies in-game. You do not own the purchased item or currency, and can only use it under licence. The purchase does not reflect any real value in the in-game purchase.

22.

In-game purchases, and purchases using virtual currencies in-game, are non-refundable. Outerdawn may change the pricing for buying virtual currencies and in-game purchases at any time, and may impose limits on the amount of virtual currencies or in-game purchases that you can have. If you are unsure about these limits, please review the Game rules and guidelines before making a purchase.

23.

Data relating to your in-game purchases may be stored locally on your device and/or on your User Account. In-game purchases may be lost, or may not be available to you, if you access the Site or a Game from a different device or without logging into your User Account as applicable. If your User Account is suspended or deleted in accordance with these Terms, you may lose any virtual currency and in-game purchases.

24.

The cost of any in-game purchases will be available on the Site or in the Game at the time of purchase. There may be additional bank charges, depending on your bank. Outerdawn has no control over bank charges and accepts no liability in relation to bank charges. Outerdawn accepts payment as set out in the Game rules/guidelines, which may include payment via third party payment service providers. You agree to comply with any terms and conditions of such third party payment service providers, and you will be responsible for any associated fees or charges of those third party payment service providers.

Intellectual Property

25.

Outerdawn owns, or has a licence to use, all intellectual property rights, including all copyright and trade marks, in and relating to the Site and the Games.

26.

Provided you comply with these Terms, Outerdawn grants you a non-exclusive, non-transferable, personal, revocable licence to access and use the Games for your own personal non-commercial use by access through an authorised User Account in accordance with these Terms, and subject to any applicable payment. Other than this limited licence, you have no rights or interest in the intellectual property relating to the Site and the Games. You must not copy, distribute, make available to the public or create any derivative works from the Site or the Games.

27.

You are responsible for anything that you upload to the Site or Games. If you provide or contribute any content or other materials to Outerdawn and/or through this Site or Games ( User Content), you grant Outerdawn a sub-licensable, transferable, perpetual and royalty-free licence to use that User Content. You warrant that you are the owner of the User Content or are otherwise entitled to use and license use of the User Content to Outerdawn in accordance with these Terms. You waive, and will procure the waiver of, any moral rights in the User Content. Outerdawn will own all intellectual property rights in derivative works created from any User Content submitted by you.

Privacy

28.

Outerdawn collects, processes, uses and shares your personal information in accordance with its Privacy Policy. By accessing and/or downloading the Site and Games you consent to Outerdawn collecting, processing, using and sharing your personal data as set out in the Privacy Policy. If you do not agree to the Privacy Policy, do not access the Site or download or access the Games.

29.

Outerdawn may use cookies or similar technology to store certain information each time you use the Site or the Games.

30.

Outerdawn does not warrant and cannot ensure the security of any information which you transmit to Outerdawn or through your use of the Site and Games. Any information which you transmit is transmitted at your own risk.

Disclaimer, Liability and Indemnification

31.

The information provided on the Site and Games is for general information/entertainment purposes only and has not been prepared by taking into account the particular objectives, situation or needs of any individual users. Use of information and material contained on the Site is at your own risk.

32.

Nothing expressed or implied in these Terms or otherwise will confer any liability on Outerdawn in respect of any indirect, consequential, or special loss, damage, cost or expense suffered or incurred by you as a direct or indirect result of a breach by Outerdawn of these Terms or your use of, or inability to use, of the Site and Games.

33.

Notwithstanding any contrary provision in these Terms, the maximum liability of Outerdawn under or in connection with these Terms (whether in contract, tort or otherwise) is limited to the price of the Games and any in-game purchases paid made by you, in respect of any single event or breach of these Terms.

34.

You agree to indemnify, hold harmless and defend Outerdawn and its affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) due to or arising from or in connection with your use of or conduct on the Site or Games, or from any content posted or transmitted by you on or through the Site or Games, or any breach by you of these Terms.

35.

The Games and the Site may be subject to statutory rights and guarantees that cannot be excluded or limited, such as under New Zealand’s Consumer Guarantees Act 1993. These Terms do not, and are not intended to, exclude those rights in any way.  However, to the extent permissible by law, Outerdawn excludes any warranties of any kind, whether implied or otherwise, relating to the Game and the Site.

General

36.

This Site or the Games may contain links to third party websites.  These third party websites links are provided for your convenience only, and the third party website links and content has not been prepared by Outerdawn and is not controlled, checked, or endorsed by Outerdawn.

37.

If any part of these Terms is held to be invalid or unenforceable, that part will be deemed deleted from these Terms.  The invalidity or unenforceability of that part will not affect the other provisions of these Terms, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

38.

The Site and Games have been prepared in accordance with the requirements of New Zealand law. These Terms and any matters or disputes connected with this Site and Games will be governed by New Zealand laws, and you agree to submit to the jurisdiction of New Zealand courts.

Contacting Outerdawn

39.

If you have any questions or concerns in relation to these Terms, the Site or the Games, please send an e-mail to support@outerdawn.com