sirviney
09-06-2008, 10:08 PM
I was scanning through the ToS and I noticed a very interesting piece of data contained in it:
9) Server Outages
There will be regular periods of server maintenance as well as spot maintenance, usually coinciding with a new game or new service. Outspark will do its best to limit such downtime events.
You acknowledge that (i) Outspark will not be held liable for any loss of Outspark Member data resulting from server maintenance, spot maintenance or any other downtime event; (ii) Outspark will not be held liable for a user's inability to access paid services during any such downtime event; and (iii) Outspark will not be held liable for any delay or failure to operate the Outspark Services resulting from causes outside the reasonable control of Outspark, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Outspark's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Further, we cannot and do not promise or ensure that you will be able to access your Outspark Account whenever you want, and there may be extended periods of time when you cannot access your Outspark Account. You assume the entire risk as to the results and performance of the Outspark Services in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
And Another:
13) Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTSPARK, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, INCLUDING THAT OF USER-SUBMITTED CONTENT OR OTHER SUBMISSIONS. OUTSPARK PROVIDES THE OUTSPARK SERVICE (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY OUTSPARK IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE OUTSPARK SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
9) Server Outages
There will be regular periods of server maintenance as well as spot maintenance, usually coinciding with a new game or new service. Outspark will do its best to limit such downtime events.
You acknowledge that (i) Outspark will not be held liable for any loss of Outspark Member data resulting from server maintenance, spot maintenance or any other downtime event; (ii) Outspark will not be held liable for a user's inability to access paid services during any such downtime event; and (iii) Outspark will not be held liable for any delay or failure to operate the Outspark Services resulting from causes outside the reasonable control of Outspark, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Outspark's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Further, we cannot and do not promise or ensure that you will be able to access your Outspark Account whenever you want, and there may be extended periods of time when you cannot access your Outspark Account. You assume the entire risk as to the results and performance of the Outspark Services in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
And Another:
13) Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTSPARK, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, INCLUDING THAT OF USER-SUBMITTED CONTENT OR OTHER SUBMISSIONS. OUTSPARK PROVIDES THE OUTSPARK SERVICE (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY OUTSPARK IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE OUTSPARK SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.