“Outland” is an on-line service provided by Outland, Inc. “The Outland Software” includes: “Outland Gateway,” “The Crossroads,” “Chess,” “Reversi,” “Ho! Lobby,” “Outland Ho!,” and the “Outland TCP Tool.”
Creating or using an Outland account (“Account”) constitutes an agreement by you (the “Member”) to the following agreement (the “Terms of Service”). If you do not consent to this agreement, do not create an Account or use the Outland Software in any way.
GENERAL
Member is responsible for all use of his/her Account(s) and for ensuring that anyone who uses such Accounts complies fully with the terms of this agreement.
Member may not be a minor. However, the parent or legal guardian of a minor may authorize that minor to use his/her Account(s).
Member agrees to not use Outland in any manner which is inconsistent with any applicable laws and regulations.
Member is responsible for all equipment needed to access Outland.
PAYMENT
Member is responsible for all local or long-distance telephone charges while connecting to Outland. Members who use the Internet in order to connect to Outland are responsible for any charges they incur for that use.
Member agrees to pay Outland, Inc. all charges relating to the use of his/her Account(s), including use by a minor or other party, according to the rates published online at the time the service is used. Outland, Inc. reserves the right to change these rates upon thirty (30) days prior notice published on-line.
Member may notify Outland, Inc. by telephone (800-752-9688) or postal mail (405 El Camino Real, Ste. 224 Menlo Park, CA 94025) (“Notify”) of any breach of security to the Member’s Account(s). Until such notice is received by Outland Inc., Member will remain liable for any charges relating to the use of his/her Account(s).
The credit card information which Member provides during the creation of his/her Account shall be used by Outland, Inc. in billing Member. Member may not attempt to pay Outland, Inc. using any false, unauthorized, or expired credit card. Member must Notify Outland, Inc. of any changes to their home or billing address or to the credit card information, including expiration date, being used in connection with Outland.
Outland, Inc. reserves the right to suspend access to service for Member’s Account(s) upon an indication of credit problems including rejection of any credit card charges.
TRADEMARKS & COPYRIGHTS
Outland is a trademark of Outland, Inc. Spaceward Ho! is a trademark of Delta Tao Software, Inc. Macintosh is a registered trademark of Apple Computer, Inc. Other brand or product names found in Outland are trademarks or registered trademarks of their respective holders.
Outland, Inc. owns and retains the copyrights in the Outland Software subject only to copyrights for certain Outland services owned by third parties, including Delta Tao Software, Inc.
All copyrightable material on Outland is copyrighted and may not be redistributed without permission of the copyright owner.
All copyright or other proprietary notices found on materials in Outland must be preserved on copies made of such material.
OPERATION
Outland, Inc. encourages the free exchange of information, ideas, and opinions, except when such content would constitute a crime or libel, violate personal, property, or proprietary rights, or violate local/state/federal laws and regulations including, but not limited to, those applicable to telecommunications. Offensive material, defined at the discretion of Outland, Inc., will not be tolerated on any part of Outland, and includes, but is not limited to, threats, excessive profanity, and attacks and/or slurs based on race, gender, creed, ancestry, religion, ethnic or national origin, age, physical/mental handicap/disability, marital status or sexual preference and includes delivery of such material in any form including text, text files, images, or programs/applications. Member specifically agrees to indemnify Outland, Inc. for any losses, costs, or damages, including reasonable attorneys' fees, incurred by Outland, Inc. and relating to, or arising out of any breach of this paragraph by Member.
Member will not knowingly upload any files, programs or information designed to hinder, damage, or disrupt Outland or any other computer hardware and/or software operation. Any such action, whether or not damage results, will lead to the revocation of Member’s Account and legal actions between Outland and Member under all applicable local/state/federal laws.
Member may not post or upload copyrighted material unless Member is the owner of that copyright or unless the owner of the copyright has declared such material to be “Shareware”, “Freeware”, “FreeDemo” or some other equivalent. Members who submit their own copyrighted material to Outland grant Outland, Inc. the non-exclusive, royalty-free worldwide permission to distribute or modify such material.
Outland, Inc. reserves the right to delete or edit, at its sole discretion, any information, excluding private electronic messages, which member enters into Outland.
Information regarding a Member's credit card number(s), bank account number(s) which the Member supplies to Outland, Inc. shall be used or disclosed only for the purposes for which such information was collected, or as required by law. Members' addresses, phone numbers and other relevant information will be provided to information providers, service providers and Merchants for the purposes for which such information was collected. Except as stated above, Outland Inc. may use or disclose information regarding Member for any purpose.
All transactions on Outland concerning merchandise or services offered by a third-party not affiliated with Outland, Inc. (“Seller”), including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between the Seller and Member. Outland, Inc. makes no warranties or representations whatsoever with regard to any goods or services provided by the Seller. Outland, Inc. shall not be a party to such Seller transactions or be liable for the costs or damages arising, either directly or indirectly, from the actions or inactions of the Seller.
Outland, Inc. may terminate Member’s access to the service upon any breach of these Terms of Service by Member, including, but not limited to, disruptive on-line behavior, whether within the real-time conference areas, the message boards, or within the games themselves.
LICENSE
The Outland Software is licensed to Member by Outland, Inc. This License allows Member to use, copy, and freely distribute the Outland Software. The Outland Software is protected by United States copyright law, so Member must reproduce on each copy all copyright notices and other proprietary legends, including this Agreement, that were on the original copy.
The Outland Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them Member may not decompile, reverse engineer, disassemble or otherwise reduce the Outland Software to a human-perceivable form. Member may not modify, incorporate into other works, lease, or sell the Outland Software without the prior written consent of Outland, Inc.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
OUTLAND AND THE OUTLAND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. OUTLAND, INC. DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUTLAND, THE OUTLAND SOFTWARE, OR ANY SERVICES PROVIDED BY THE SAME AND ANY INFORMATION OR SOFTWARE CONTAINED THEREIN. OUTLAND, INC. DOES NOT WARRANT THAT THE OPERATION OF OUTLAND OR THE OUTLAND SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT OUTLAND OR OUTLAND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS IN OUTLAND OR OUTLAND SOFTWARE WILL BE CORRECTED.
NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, GIVEN BY OUTLAND, INC. OR ITS EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY.
IN NO EVENT WILL OUTLAND, INC. BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUTLAND, ANY OF THE SERVICES OR INFORMATION CONTAINED THEREIN, OR THE OUTLAND SOFTWARE EVEN IF OUTLAND, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUTLAND, INC.’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, WILL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID UNDER THIS AGREEMENT.
TERMINATION
A Member may terminate his/her Account at any time, and without cause, by Notifying Outland, Inc. Terminations by Member will be effective on the day that Outland, Inc. receives Notice or on a future date if so specified in the Notice. Member is liable for any charges incurred by him/her until the effective date of such termination.
Outland, Inc., reserves the right, at its sole discretion, to immediately, without Notice, suspend or terminate a Member's Account.
MISCELLANEOUS
The failure of either party to enforce performance by the other party of any provision of the Terms of Service or exercise any right under the Terms of Service shall not be deemed to be as a waiver or relinquishment of such party's right to assert any such provision or right.
If any part of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, that part shall be deemed to be restated to reflect as closely as possible the original intentions of the parties in accordance with applicable law and shall not cause the invalidity or unenforceability of the remainder of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that body of California law concerning conflicts. This Agreement constitutes the entire agreement between the parites with respect to the use of Outland.
