Each time you access and/or use the Services (other than to simply read these terms and conditions), you agree to be bound by and comply with all of the Terms. If you do not agree to these Terms, you may not you may not use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (including, but not limited to, postage fees, billing procedures, promotion rules and subscription services). To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, promotions, product or service.
If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian, as your parent or guardian may be liable for some or all of your activities concerning the Services. Because of this, and because it’s prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using our website and any of our games or applications, as this will affect their legal rights and obligations.
The Services are for personal use only. Organizations, companies, or businesses may not use the Services for any purpose. You may not use the Services if you have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements, which will be provided in advance of your acceptance of such requirements.
- Limited License
Our Licensor in relation to the “L.O.L Surprise! Movie Maker app” and its associated information, characters, logos, designs, music, materials, functions and any derivatives (unless agreed otherwise) arising from the aforementioned is MGA ENTERTAINMENT, INC. with company address: 9220 Winnetka avenue. Chatsworth, ca 91311. You agree that that should you breach the Limited License in this section 3 or the community guidelines in section 6, the Licensor shall be entitled to exercise all rights provided herein or granted by law (this may include but is not limited to; the removal of offensive content created by you).
Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, Virtual Items (defined below) and other content contained therein, are owned by or licensed to Outright by the Licensor and are protected under United States laws and the laws of other jurisdictions. Except as explicitly stated in these Terms, Outright and our Lisensor reserve all rights in and to our Services. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services for your own personal use and to install our mobile applications on a device that you own or control; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services; (b) copy, reproduce, distribute, publicly perform or publicly display the Services, except as expressly permitted by us or our Licensor; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; (d) reverse engineer, except to the limited extent expressly authorized by statute (where applicable), any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; or (e) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will allow Outright or the Licensor to terminate the license granted herein. You acknowledge that we may update or modify the Services at any time without notice to you, and these updates and modifications may be required in order for you to continue to use the Services.
- Virtual Items Terms
We may offer different types of digital content for which you may purchase a limited license to use via the Services (“ Virtual Items”). You understand that while you may “buy” or “purchase” Virtual Items in our Services, you do not legally own the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. You acknowledge that any Virtual Items, you obtain in connection with the Services have no monetary value, and do not have any value of any kind outside of the Services.
(b) Withdrawal Right for Purchased Virtual Items. You have a legal right to withdraw your purchase of Purchased Virtual Items within 14 days from the date of purchase; provided, however, that you may not be able to withdraw an order for Purchased Virtual Items once they have been made available to you. Please contact the applicable Authorized Distributor you used to purchase the Purchased Virtual Items and review their terms for further details regarding the withdrawal right provided by such Authorized Distributor, or to exercise your withdrawal right with such Authorized Distributor.
(c) Third-Party Sales. We do not authorize, and expressly prohibits, the purchase of Virtual Items from third parties (i.e., from any third party that is not one of our Authorized Distributors). You will not offer to sell or purchase Virtual Items to or from other users or third parties and will not sell or purchase Virtual Items to or from third parties. In addition to violating these Terms, these resale purchase transactions may be fraudulent or may lead to identity theft. We are not responsible for any such transactions or any damages or harm that you might incur if you engage in transactions involving Virtual Items with other users or third parties.
(d) Pricing and Taxes. All prices for Virtual Items include applicable taxes and other charges. Prices for Virtual Items are subject to change at any time, but changes will not affect any order you have already placed. You are responsible for any value-added or other governmental taxes, fees or duties due with respect to your order.
(f) Inactivity. While the Virtual Items you purchase do not expire, if you do not log into your account for a period of at least 3 years, or if you deactivate your account, then you authorize us, without further notice to you, to distribute Virtual Items in your account to other users as gifts or to redeem all Virtual Items remaining in your account for any content or items we select and to distribute or provide access to that content or items to other users as gifts.
- User Content
Our Services may allow you and other users to create, post, store and share content, including text, photos, videos, software, artwork, audio, music, animations and other materials, (collectively, “User Content”). Except for (i) any content from the Services that may be incorporated in your User Content, and (ii) the license you grant below, as between you and Outright, you retain all rights in and to your User Content. You grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display on any device and media, by any means known or currently unknown in any form, your User Content and any name, username or likeness provided in connection with your User Content in order to provide and improve the Services. This license will be perpetual unless not permitted under the applicable law in your jurisdiction, in which case the license term will be the maximum period permitted under applicable law, including any extensions thereof.
- Community Guidelines
(a) You are solely responsible for your conduct while accessing or using our Services, and you will not:
- Violate any applicable law, contract, intellectual property or other third-party right or commit a tort;
- Engage in any abusive, disrespectful, harassing, threatening, intimidating, violent, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Outright
- Use our Services in any manner that could interfere with, disrupt, spam, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access or tamper with any feature, content or area of our Services that you are not authorized to access, which includes any attempt to probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
- Violate any additional rules or restrictions posted within any Services that apply to your conduct within such Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Sell, rent or purchase account interactions (such as selling, renting or purchasing followers, re-sharing a post, likes, etc.)
- Sell, trade or transfer, or offer to sell, trade or transfer, your personal license to use and access the Services, any Virtual Items (including without limitation any virtual currency), or any other in-game benefits, achievements or status associated with your account or which are otherwise available to you through the Services, in any manner whatsoever, unless expressly authorized in writing by Outright;
- Use any data mining, scraping, robots or similar data gathering or extraction methods
- Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
(b) You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, discriminatory, indecent, lewd, suggestive, harassing, bullying, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Includes content that directly attacks, threatens, or incites harm against other people based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, disabilities or diseases;
- Would constitute, encourage or provide instructions for a criminal offense, promote self-injury or suicide, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences or are otherwise false or misleading;
- Contains multiple unrelated updates to a topic using a hashtag (#) or other similar search mechanism, trending or popular topic, or promoted trend;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, malware, corrupted data or other harmful, disruptive or destructive files or content; or is, in our judgment or the judgment of our Licensor, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Outright, our Licensor or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, it is Outright and its Licensor’s right to delete or remove User Content at any time and for any reason.
You may submit questions, comments, suggestions, feedback, ideas, original or creative materials. We reserve the right to incorporate feedback in to our Services and otherwise use and fully exploit feedback for any purpose, without acknowledgment or compensation to you.
- 8. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of Outright, our Licensor and other third parties. Outright will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via any of our Services, then you may send us a written notice that includes all of the following:
- a legend or subject line that says: “DMCA Copyright Infringement Notice”;
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
iii. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material;
- your full name, address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
vii. your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.
We will only respond to DMCA Notices that we receive by mail or email sent to our contact details included in these Terms.
It is often difficult to determine if your copyright has been infringed. We may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting our other rights, we may, in appropriate circumstances, terminate a repeat infringer’s access to the Services.
- DMCA Counter-Notification. If access to a work that you submitted to Outright is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
- a legend or subject line that says: “DMCA Counter-Notification”;
- a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
iii. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your full name, address, telephone number, e-mail address, and the username of your account;
- a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
- your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
- 9. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Outright, our subsidiaries and affiliates,(including its Licensor), and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Outright Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to: (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You will promptly notify the indemnified Outright Parties of any Claim, cooperate with the indemnified Outright Parties in defending the Claim and pay all fees, costs and expenses associated with defending the Claim (including, but not limited to, attorneys’ fees). The indemnified Outright Parties will have right to retain sole control of the defense or settlement of any Claim (at your expense). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Outright or Outright Parties..
- 10. Disclaimers
(a) We do not control, endorse or take responsibility for any User Content available on or linked to by our Services.
(b) Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” 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. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While we attempt to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
- 11. Limitation of Liability
(a) Outright Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, special damages or lost profits arising out of or in any way related to these Terms or our Services, even if Outright or Outright Parties have been advised of the possibility of such damages
(b) The total liability of Outright Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amounts paid by you via the Services in the 6 months prior to the claim.
(C) The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Outright Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
- 12. Release
To the fullest extent permitted by applicable law, you release Outright Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties .
- 13. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Outright and limits the manner in which you can seek relief from us. This Section shall only apply to you if you are a resident of the United States or if you commence any action against Outright in the United States.
Except for small claims disputes in which you or Outright seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Outright seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Outright waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Outright agree that any dispute arising out of or related to these Terms or our Services is personal to you and Outright and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Outright agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Outright agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and Outright agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Outright will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 13 by [email protected] In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.
- 14. Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.
- 15. Export Compliance
All or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You will abide by all Export Controls as they relate to your access and use of our Services. You may not access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”), and you may not provide access to our Services to any government, entity or individual located in any Prohibited Jurisdiction. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- 16. Commercial Items
If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the Services constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency’s rights are limited to those specifically granted under these Terms.
- 17. Termination or Suspension
We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
- 18. Miscellaneous
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Outright relating to your access to and use of our Services. The failure of Outright to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. All of your transactions and communications with us may, at our option, be conducted electronically.
- 19. Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
- 20. Contact
If you have any questions or concerns regarding the Services or these Terms, please contact
Mail: Outright Games LLC
29863 Santa Margarita Parkway Site 110
Rancho Santa Margarita, CA, 92688-3625 United States
For general enquiries: [email protected]
For legal/privacy enquiries: [email protected]
- 21. Additional Terms for iOS Users
The following terms also apply if you are accessing or using one of our mobile applications (an “App”) on an Apple Inc. (“Apple”) branded mobile device.
- Acknowledgement. The Terms are concluded between Outright and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
- Scope of License. The license granted to the you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
- Warranty. To the effect not effectively disclaimed under Section 11 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 12, you may notify Apple, and Apple will refund the purchase price (if any) for the App; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- Liability. Subject to Section 11 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- IP Claims. Subject to Section 11 of the Terms, in the event of any third-party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.