Introduction and Agreement

Welcome to All Out: This document constitutes a legal agreement between you, the user, and All Out Games Inc., the provider of the All Out gaming platform. By accessing or using All Out, a dynamic gaming environment that fosters creativity and exploration through User-Generated Content (UGC), you acknowledge and agree to these Terms of Use.

Binding Agreement: These Terms of Use, including any additional guidelines, policies, and future amendments (collectively, the "Terms"), represent a binding contract between you and All Out Games Inc., herein referred to as "All Out," "we," "us," or "our." Your use of the All Out Platform signifies your acceptance of these Terms. If you do not agree with any part of these Terms, you are required to cease using the All Out services immediately.

Corporate Identity and Community Focus: All Out, operated by All Out Games Inc, is headquartered in British Columbia, Canada. We are dedicated to providing a platform where creativity and community engagement are paramount. We encourage you to read and understand these Terms thoroughly to ensure a mutually beneficial relationship within the All Out community.

Definitions

"Platform":

The digital realms and services provided under the All Out banner, owned and operated by All Out Games Inc., accessible through various mediums including our website and mobile application.

"Company":

All Out Games Inc., the legal entity behind All Out, established under the laws of British Columbia, Canada.

"User":

You, the individual, who engages with the Platform by creating an account, partaking in game creation, gameplay, and Credit transactions.

"Sparks":

The virtual currency specific to All Out, which Users can acquire and utilize within the Platform, devoid of real-world monetary value, and non-refundable.

"All Out Studio":

Our exclusive software suite that allows Users to craft, edit, and disseminate games on the Platform.

"Content":

The collective works of data, visuals, audio, and other digital material that appear on the Platform, whether created by All Out or its Users.

"User-Generated Content (UGC)":

The original content produced and shared by Users via All Out Studio or other available tools within the Platform.

"Account":

The unique user profile established for accessing and engaging with the services of the Platform.

"Service(s)":

The array of functionalities provided by All Out, including but not limited to game hosting, gameplay, and game development through All Out Studio.

"Terms" or "Agreement":

This document, encapsulating all terms, conditions, and policies, along with any future modifications.

"Privacy Policy":

The policy document detailing the handling of personal information by All Out, which forms an integral part of these Terms.

"Parties":

Collectively refers to "You" (the User) and "Us" (the Company), with "Party" addressing either entity individually.

User Accounts

Account Creation

Eligibility: To create an account on All Out, you must be at least the age of majority in your jurisdiction. By creating an account, you affirm that you meet this age requirement and that the information you provide is accurate and truthful. We may request additional verification of your age and identity.

Account Information: To register for an All Out account, you will need to provide personal information such as a username, email address, and password. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Account Security: If you suspect any unauthorized use of your account, it is your responsibility to notify us immediately. All Out is not liable for any losses caused by unauthorized use of your account, particularly if you have not maintained the security of your account.

Accuracy of Information: You must keep your account information up to date and accurate, especially your contact information, to ensure effective communication.

Account Responsibility

Account Use: You are responsible for all activities that occur under your account. If you are registering on behalf of an entity, that entity is also bound by these Terms.

Account Sharing: Your account is personal to you and is not transferable, except with express written authorization from All Out.

Communication Preferences: By creating an account, you consent to receive electronic communications from All Out regarding your account and transactions related to our services.

Account Restrictions

Conduct: You must not use your account for any illegal activities, to violate these Terms, or in a way that harms the Platform, its services, or other users.

Suspension and Termination: All Out reserves the right to suspend or terminate your account if the information you provide is false, outdated, incomplete, or if your account is used for unauthorized or harmful purposes.

Account Termination

All Out's Right to Terminate: We reserve the right to terminate your account at any time and for any reason, without notice.

Effect of Termination: Upon termination, all rights and licenses granted to you will be revoked. All Out is not liable for the loss of content, data, or other information as a result of account termination. Any suspension, termination, or cancellation will not affect your obligations to All Out under these Terms (including, but not limited to, ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Community Guidelines

Purpose: The All Out community is dedicated to fostering a creative, respectful, and safe environment. These guidelines outline the expected behavior of all users on our platform. Violation of these guidelines may result in account suspension or termination.

Respect and Inclusivity

Harassment: Harassment in any form is prohibited. This includes bullying, intimidation, threats, or any behavior that is meant to demean, belittle, or upset other users.

Hate Speech and Discrimination: Hate speech, discriminatory remarks, or content that promotes intolerance or hostility against any individual or group based on race, ethnicity, national origin, gender, gender identity, sexual orientation, age, disability, or religion are strictly prohibited.

Safe Interaction: Communicate with others in a respectful manner. Do not engage in, promote, or encourage harmful behaviors or activities.

Content Standards

Appropriate Content: All content shared or created on the platform must be appropriate for a diverse audience. Content that is sexually explicit, excessively violent, or promotes illegal activities is not allowed.

Intellectual Property: Respect the intellectual property rights of others. Do not share content that infringes upon the copyrights, trademarks, or other intellectual property rights of third parties.

User Conduct

Personal Information: Do not share or solicit personal information, including addresses, phone numbers, or financial information.

Impersonation: Impersonating All Out staff, other users, or public figures is not allowed.

Scams and Fraud: Engaging in scams, fraud, or any deceptive practices is strictly prohibited.

Spamming and Disruption: Avoid spamming or disrupting conversations and activities on the platform.

Enforcement and Reporting

Violations: All Out reserves the right to take appropriate action against any user who violates these Community Guidelines. This can include content removal, account suspension, or termination.

Reporting: If you encounter behavior or content that violates these guidelines, please report it to us through the provided channels on the platform.

Review and Updates: These Community Guidelines are subject to review and updates. We encourage users to regularly review these guidelines to stay informed about our community standards.

Purchases and Sparks

General Terms

Sparks Acquisition: Purchasing Sparks in All Out grants you a limited, non-exclusive license to use them within the Platform. Sparks are non-transferable and non-refundable.

Use of Sparks: Sparks can be used to access certain features of the Platform or to acquire virtual goods. The terms and availability of these features and goods may change at our discretion.

Value: Sparks hold no real-world monetary value, are not a form of real currency or property, and should be considered as a limited license to access specific Platform features.

Purchase Transactions

Payment Method: By initiating a purchase on All Out, you agree to pay all associated fees and taxes. Prices for services and virtual goods, including Sparks, are subject to change without notice.

Authorization: By providing a payment method, you confirm that you are authorized to use the provided payment method and that all payment information is accurate.

Third-Party Payment Processors: Payment processing is handled by third-party service providers. Your use of these services is subject to their terms, in addition to the terms set forth by All Out.

Non-Refundable Policy

No Refunds: Except as required by law, all purchases made on All Out, including the acquisition of Sparks, are non-refundable.

No Returns/Exchanges: Transactions involving Sparks and virtual goods are final. Returns or exchanges are not supported unless explicitly stated by All Out.

No Transfers: Selling, trading, or transferring Sparks or virtual goods acquired through All Out is prohibited unless explicitly authorized by the Platform.

Account Balance

Management of Sparks: You are responsible for monitoring and managing your Sparks balance.

Reconciliation: Regularly review your transaction history for accuracy. Any discrepancies should be reported to All Out within the specified time frame.

Expiration and Cancellation

Expiration: Sparks may have an expiration date, as communicated in the specific terms associated with their purchase or acquisition.

Company's Right to Cancel: All Out reserves the right to cancel or revoke any Sparks obtained or used in violation of these Terms or through fraudulent or unauthorized activity.

Copyright Infringement and DMCA Policy

Respect for Intellectual Property: All Out is committed to respecting intellectual property rights and expects its users to do the same. We adhere to the provisions of the Digital Millennium Copyright Act (DMCA) to address instances of copyright infringement.

DMCA Notice Procedure:

If you believe that your copyright has been infringed upon by material available on All Out, please notify us by sending a DMCA notice to dmca@allout.game. Your notice should include the following information:

• Your full name, address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• The specific location on All Out where the alleged infringing material is located.
• A statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Counter-Notice Procedure:

If your content has been removed due to a DMCA notice and you believe it was removed in error, you may send a counter-notice to dmca@allout.game. The counter-notice must include:

• Your full name, address, telephone number, and email address.
• Identification of the material that has been removed and the location where the material appeared before it was removed.
• A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification.
• A statement consenting to the jurisdiction of the federal court in your area, and a statement agreeing to accept service of process from the person who provided the original DMCA notice.

Handling of Notices: All Out will promptly address and follow up on all notices and counter-notices that comply with the requirements of the DMCA. This includes the removal of infringing material or restoration of material that was removed in error.

Repeat Infringer Policy: In accordance with the DMCA and other applicable laws, All Out has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

User-Generated Content (UGC)

Ownership of UGC: Users retain ownership of their UGC. However, by sharing, publishing, or making their UGC available on All Out, users grant All Out a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, publish, publicly display, publicly perform, reproduce, modify, adapt, create derivative works of, distribute, and use the UGC in connection with operating, providing, improving, or publicizing All Out's services. This license includes the right to use the UGC for any business purpose related to All Out's services.

Responsibility for UGC: Users are responsible for ensuring they have all necessary rights and permissions to share their UGC on All Out. UGC must comply with all applicable laws, community standards, and must not contain prohibited content. Users agree not to use their UGC in a manner that is offensive, defamatory, sexually explicit, or otherwise objectionable, as determined by All Out in its sole discretion.

Infringement and DMCA: All Out respects the intellectual property rights of others. Any copyright owner who believes that their rights have been infringed on All Out can submit a notification pursuant to the platform's reporting process. All Out may terminate the accounts of users who are repeat infringers in accordance with applicable laws.

Disclaimers, Limitations, and Law

No Warranties: All Out is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the platform will be uninterrupted, secure, or free from errors, viruses, or other harmful components.

Third-Party Content: All Out is not responsible for any content or services provided by third parties, including user-generated content (UGC), advertisements, and external services or links. Interaction with any third-party content or services is at your own risk and subject to the terms and policies of the third party.

Limitation of Liability: To the fullest extent permitted by applicable law, All Out and its affiliates, directors, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to, use of, or inability to access or use All Out; (b) any conduct or content of any third party on All Out, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content. In no event shall our aggregate liability for all claims relating to our platform exceed the greater of $100 USD or the amount you paid us in the last twelve months.

Governing Law and Jurisdiction: These terms shall be governed by and construed in accordance with the laws of the jurisdiction in which All Out is headquartered, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these terms or All Out shall be instituted exclusively in the federal courts or the courts of the state in which All Out is headquartered.

Dispute Resolution and Arbitration Clause

Purpose: The following clause outlines the process for resolving disputes arising under these Terms of Service or related to your use of the All Out platform. Our goal is to provide a fair, timely, and cost-effective means of resolving such disputes.

Informal Resolution

Initial Contact: If a dispute arises, we encourage you to first contact All Out support at help@allout.game to seek an informal resolution. Most concerns can be resolved quickly this way.

Mandatory Arbitration

Agreement to Arbitrate: If the dispute cannot be resolved informally, both you and All Out agree to resolve the dispute through binding arbitration. By agreeing to these Terms, you waive the right to a trial by jury or to participate in a class action lawsuit.

Arbitration Process: The arbitration will be conducted by a neutral arbitrator in accordance with the rules of an established arbitration association as agreed upon by both parties. The arbitration will be held in the jurisdiction where All Out is headquartered, unless agreed otherwise.

Exceptions: Disputes related to intellectual property rights, infringement, theft, or piracy shall not be subject to arbitration and may be adjudicated through the court system.

Costs of Arbitration: Each party will bear its own costs in the arbitration process. However, if the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the party bringing the claim may be responsible for the fees incurred.

Governing Law

Jurisdiction: These Terms and the resolution of any dispute related to these Terms or the All Out platform shall be governed by and construed in accordance with the laws of the jurisdiction in which All Out is headquartered, without regard to its conflict of law principles.

Changes to Arbitration Clause

Notification: All Out reserves the right to modify or discontinue this arbitration clause. Any changes will be communicated to users and will not apply retroactively.

Changes to the Terms

Notification of Changes: All Out reserves the right to modify or revise these Terms of Service at any time at our sole discretion. If we make changes that are material, we will provide you with notice as appropriate under the circumstances, such as by displaying a notice within the platform or by sending you an email. To the extent allowed under applicable law, such material changes will become effective 30 days after such notice.

Acceptance of Changes: Your continued use of the Platform after the new terms become effective signifies your agreement to be bound by these changes. If you do not agree to the new terms, you should stop using the Platform. Please review these Terms of Service periodically for any updates or changes.

Archiving of Previous Versions: Previous versions of these Terms will be archived and made available to you upon request. It is your responsibility to keep abreast of changes to these Terms.

Contact Information

Should you have questions regarding these Terms, reach out to us at help@allout.game.