Terms of Service
These Terms of Service (as amended from time to time) constitute a legally binding agreement that governs your access to and use of any online games, websites and any other services provided by Outplay Entertainment Limited (the “Services“). Our Privacy Policy is a material part of these Terms of Service and is incorporated into these terms by reference. Our Privacy Policy can be found here: Privacy Policy. By using the Services, you indicate that you have read, understood and accept these Terms of Service (including the Privacy Policy], that you agree to abide by them and that you consent to our processing of your personal data in accordance with our Privacy Policy. If you do not agree to these Terms of Service, please refrain from using the Services.In these Terms of Service, the term “you” refers to you the customer and the terms “Outplay“, “we“, “us” and “our” refer to Outplay Entertainment Limited, a company registered in Scotland under company number SC386157 with our registered office at 3rd Floor, 1-4 Atholl Crescent, Edinburgh, EH3 8HA. Our VAT number is GB 199 4253 62.
CHANGES TO THESE TERMS OF SERVICE
We reserve the right to amend, vary or update these Terms of Service from time to time as we see fit. When we make changes to these Terms of Service we will post the revised Terms of Service on our websites 30 days before the revised terms become effective. It is your responsibility to check the Terms of Service each time you use the Services to ensure that you have read and understood the most recent version of these Terms of Service. Your continued use of the Services after the new Terms of Service have been posted on our websites shall be deemed an acceptance by you of the revised terms. At our discretion, we may also give you additional notice of any amendment to these Terms of Service by way of an email to you or by way of other messaging within the Services.If, at any time, you do not agree with any part of our Terms of Service (including our Privacy Policy) or any other rules of use governing your use of the Services, you must immediately stop using the Services.
ACCESS TO THE SERVICES
Access to the Services (including any game provided by us) is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. If the need arises, we may suspend access to the Services, or cease the provision of Services indefinitely.We have the right to stop providing and/or supporting any of our Services (including any Game or part of any Game offered by us) at any time either permanently or temporarily without prior notice to you and where we cease to provide any of the Services, your licence to use such Services will be terminated or suspended automatically. Where we cease providing any of our Services, we will not be required to provide you with any refunds or compensation due to your inability to access or use such Services.The Services are not targeted to children under the age of 13. If you are under 13 years of age, you are not permitted to use the Services.If you are under the age of 18 you must obtain the consent of your parents or guardians before using the Services. By using the Services, you are advising us that you have received your parents or guardians’ consent to use of the Services in accordance with these Terms of Service (including the Privacy Policy). We reserve the right to deny your access to the Services if we are not satisfied that you have received the required consent from your parents or guardians.
At any time, you are free to stop using the Services. You may uninstall the app from your Facebook account by following the steps under the “privacy settings” tab of your Facebook account.
PERSONAL INFORMATION & PRIVACY
Please read our Privacy Policy which forms part of these Terms of Service. Our Privacy Policy explains what personal information we collect and how we use and protect this personal information. Please click on the link to view our Privacy Policy: Privacy Policy.
THIRD PARTY CONTENT
“Third Party Content” means content provided by you or other users of the Services including without limitation words played in a game, chat posts, forum posts, profiles and messages sent between users of the Services.You are responsible for all Third Party Content that you post or upload to our websites or submit or communicate using our Services. You may be held liable for such content and you hereby warrant that all such Third Party Content posted, uploaded, communicated or submitted by you: (i) does not violate any third party’s intellectual property rights; (ii) is not confidential; (iii) is free from malicious code, viruses, adware, spyware and worms; (iv) is not submitted in violation of any laws or contractual restrictions; and (v) where it includes third party’s personal information, is not submitted without the consent of such third party.If you become aware that a user of the Services is posting or communicating Third Party Content in violation of these Terms of Service or is otherwise acting in breach of these Terms of Service, please report such activity to us by emailing support@outplayentertainment.com. Screening, Monitoring & Recording Third Party Content: We do not pre-screen or monitor Third Party Content prior to it being communicated between users of the Services, submitted as part of a game available through our Services or posted onto our websites. You acknowledge and agree that we cannot be held responsible or liable for Third Party Content and if you find any Third Party Content communicated to you through game play, chat posts or messaging to be offensive or inappropriate, your sole remedy is to cease playing the game with that particular user. We may, at our sole discretion, choose to monitor your use of the Services (including any messages you post to our chat room or forum) and the Third Party Content you submit or upload to the Services. You hereby consent to such monitoring. We record and store the “state of play” and “chat entries” for each game session played using the Services. You hereby consent to such recording. You hereby acknowledge and agree that you cannot have any expectation of privacy when using the Services.
We reserve the right (but have no obligation) to remove any Third Party Content from our websites for any reason at our absolute discretion including without limitation where we believe that such material is not acceptable or where we believe such material may breach third party intellectual property rights. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXCLUDE ANY AND ALL LIABILITY FOR THIRD PARTY CONTENT OR FOR ANY DELAY OR FAILURE TO REMOVE ANY THIRD PARTY CONTENT FROM OUR WEBSITES.
Privacy Policy
Outplay Entertainment Limited is committed to protecting and respecting your privacy. This Privacy Policy was last up-dated on 20/03/2012. This Privacy Policy forms part of our Terms of Service (https://outplay.com/terms) and constitutes a legally binding agreement between you and us that governs: If you do not agree to the terms of this Privacy Policy, please refrain from using any online games, websites and/or any other services provided by Outplay Entertainment Limited (the “Services“).
- the Personal Information we collect & how we collect it;
- how we use the Personal Information, how we store it & who we share it with; and
- how you can update your Personal Information & find out what Personal Information we hold about you.
In this Privacy Policy, the term “you” refers to you the customer and the terms “Outplay“, “we“, “us” and “our” refer to Outplay Entertainment Limited, a company registered in Scotland under company number SC386157 with our registered office at 3rd Floor, 1-4 Atholl Crescent, Edinburgh, EH3 8HA. Our VAT number is GB 199 4253 62. For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Outplay. The term “Personal Information” refers to information that identifies you and may include your name, address, email address, credit card information and date of birth.We may change or update the terms of this Privacy Policy from time to time and you should therefore check it frequently. If we make any material changes to our Privacy Policy we will post a change notice on our websites or, at our discretion, we may notify you through the Services. Our Privacy Policy will always indicate the date it was “Last Updated” and this will change whenever we amend our Privacy Policy. Your continued use of the Services will indicate your acceptance of the amended Privacy Policy.You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Services or websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our websites. Please note that our advertisers may also use cookies, over which we have no control.
Personal Information We Collect
Personal Information provided by you Directly
We may collect and process the following personal and non-personal information directly from you on our websites and/or during your use of our Services:
- Contact Information: Personal Information that you provide to us when you sign up to receive our newsletter (such as your name and your email address).
- User Profile Information: Personal Information that you supply when creating a user profile for playing a game (such as a photograph of yourself, your profile or game name, your occupation and any other personal information that you choose to provide such as your interests, your game preferences etc).
- User Support Information: If you contact us for technical or customer support, we will keep a record of your name, contact details (such as email address or telephone number), a record of your call and/or correspondence along with a note of the games or issues relevant to your call.
- Contests & Promotions Information: If you enter any of our on-line contests, promotions or loyalty programs, we will collect Personal Information (such as your name, email address, postal address, birthday and contact phone numbers) in order to register you in the contest, promotion or loyalty program.
- Technical and Usage Information: When you access the Services or our websites, we collect technical information such as details about your computer system and details of your visits to our websites including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access. This information is collected through Google Analytics. Please see the “IP Addresses and Cookies” section below to learn more about this.
- Personal Information received from a Social Networking Site (“SNS”): When you access our Services as an “app” or “application” through an SNS (such as Facebook), you grant us access to certain Personal Information from your profile with that SNS. The extent of the Personal Information that we access varies for each game and SNS and will also be governed by the “Privacy Settings” you choose when you establish your account with the SNS. Please note that we have no control over what “Privacy Settings” are available on the various SNSs and we therefore recommend that you review the “Privacy Settings” on such sites.We may have access to some or all of the following Personal Information when you play one of our games through an SNS: your name, your birthday, your email address provided to the SNS, your profile picture, your user ID number and the user ID numbers of your friends that are also connected to our games.
- Personal Information received from a Mobile Device: When you access our Services as an “app” or “application” through a mobile device, we collect your unique device identifier, your mobile phone number and any other information you provide such as your email address.
How We Collect Personal Information
IP Addresses and Cookies
When you use our Services and/or access our websites, we collect technical information for system administration, to monitor and analyse traffic to our websites, to improve our websites, to personalise your experience on our websites, to resolve technical problems with our websites and to report aggregate information to our advertisers. The aggregate information is statistical data about our users’ browsing actions and patterns, and does not identify any individual. We use server log files and tracking technologies including cookies, IP addresses, browser information, the date and time spent on our websites and other similar information. We may be able to use IP addresses to personally identify you to enforce our Terms of Service and/or block certain IP addresses from our websites if we believe that there has been misuse of our websites. We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our websites and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our websites according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our websites.
We may also collect and store non-personal data relating to your game statistics, game play and feature usage.
Our use of Google Analytics
Google Analytics is a web analysis service provided by Google. Google utilizes the data collected to track and examine the use of outplay.com, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network.Personal data collected: Cookie and Usage Data. Place of processing: USA. Find Google’s privacy policy here.
Communication Forums
The Services allow users to post messages or photos, communicate with other users, post comments on message boards or send emails to other uses. We record these communications on our servers in order to protect the safety of other users.Please be aware that any Personal Information and/or photographs, videos or images that you provide through the online chat rooms, message boards, profiles or similar forums available on our websites will be public information that may be read, viewed or used by other users of the Services. Any such Personal Information that you provide or post will not be private or confidential. You shall be solely responsible for any Personal Information, photographs or videos that you post to the forums available on our websites.
Game Play & Chat Entries
In order for our games to function, we record the “state of play” and the “chat entries” between users for each session of game play. We will delete this information on a regular basis.
How We Use Your Personal Information We use Personal Information held about you in the following ways:
- To provide you with access to the Services and our newsletters (if you sign up to receive the newsletters).
- To ensure that content from our websites is presented in the most effective manner for you and for your computer.
- To provide you with information, products or Services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To provide customer support services or respond to your queries.
- To carry out our obligations arising from any contracts entered into between you and us.
- To assist with our internal marketing so that our advertising on our websites is relevant to your demographic profile.
- To enforce our Terms of Service and prevent any hacking activities or security breaches of our websites.
- To allow you to participate in any interactive features of our Services, when you choose to do so.
- To notify you about changes to our Terms of Service (including this Privacy Policy) or Services.
- For Promotional purposes: If you choose to receive promotional information from us regarding other products, game features, enhancements, special offers, contests or competitions, we will use your Personal Information, or permit selected third parties to use your Personal Information, to provide you with such promotional information. If you do not want us to use your Personal Information in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the registration form when we collect your Personal Information. Please note, even if you have consented to receiving such promotional information from us, you may opt out of receiving such information at any time by emailing us at support@outplay.com. Even if you have opted out of receiving promotional materials, we may still need to contact you regarding changes to the Services or in relation to requests you have made to us.
- Please note that although we do not disclose Personal Information to our advertisers, we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the Personal Information we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
All Personal Information we collect from you or about you is stored on our secure servers. Our servers are based in the United States of America and but the Personal Information that we collect about you is transferred to, and stored at, a destination outside the European Economic Area (“EEA“). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of support services and the processing of your payment details. By submitting your Personal Information and/or using the Services, you agree to this transfer, storing or processing of your Personal Information. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy.Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our websites; any transmission is at your own risk. Once we have received your Personal Information, we will use strict procedures and security features to try to prevent unauthorised access. Any payment transactions will be encrypted.
Disclosure Of Your Personal Information
We may disclose your Personal Information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.We may disclose your Personal Information to third parties in the following circumstances:
- External Service Providers: Where we use external service providers to perform services for us including payment processing, hosting, website analytics, email services, marketing or customer services.
- Merger or Sale of our Company: In the event of an actual or potential (including as part of any relevant negotiations) merger or sale of all or substantially all of our assets to a third party, we may transfer your Personal Information to the potential acquirer or successor company.
- Legal Obligations: If we are under a duty to disclose or share your Personal Information (including any communications posted or submitted through the Services) in order to comply with any legal obligation including for example if we are subject to a court order to disclose your Personal Information, if we believe the Services are being used to commit a crime or where we believe that the safety of another person is at risk.
- Enforce our Terms of Service: In order to enforce or apply our Terms of Service https://outplay.com/terms we may pass your Personal Information to a third party to assist us in this enforcement.
- Protection of other Users: To protect the rights, property, or safety of Outplay, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Your Rights
The Act provides you with the following rights:
- Prevent your Personal Information from being used for Marketing Purposes: You have the right to ask us not to process your Personal Information for marketing purposes. You may exercise this right at the outset by checking certain boxes on the forms we use to collect your Personal Information. You can also exercise the right at any time by contacting us at support@outplay.com.
- Right to Access the Personal Information held about you: The Act gives you the right to access Personal Information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the Personal Information we hold about you.
- Right to Update your Personal Information: Should you wish to amend or update any of your Personal Information, please email us at support@outplay.com. Please note that if you wish to amend the Personal Information we receive from SNSs, you will need to change your privacy settings on your account with the SNS.
Children’s Personal Information
As set out in our Terms of Service, children under the age of 13 are not permitted to use our Services. We therefore do not knowingly collect any Personal Information from children under the age of 13. If we discover that we have unknowingly collected Personal Information from children under the age of 13 we shall endeavour to delete the information from our records.
Links
Our websites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Information to these websites. A link on any of our websites to another website is not an endorsement of such other website and we cannot control the activities of any such third party websites.
Contact Us
If you have any questions or requests regarding this Privacy Policy, please contact us by e-mail at the following address: support@outplay.com