Terms and Conditions of Product Use
Updated April 10, 2018
The Terms and Conditions of Product Use ("Terms") govern each user's ("you," "your," or "user") access to and use of Arcade.io and the services and features we offer on or in connection with it, including mobile applications, (the "Product(s)"). The Products are provided by FlowPlay, Inc. dba ArcadeIO, and its affiliates and subsidiaries (collectively referred to herein as "ArcadeIO," "we," "us," or "our").
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under this User Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS USER AGREEMENT, YOU AND ARCADEIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15.)
By using this Product, you represent and warrant to us that you are an Adult. "Adult" means that (a) you are at least 18 years old; and (b) you have reached the age of legal majority in the country, state, province or locality ("Jurisdiction") in which you reside. You also represent and warrant that you are permitted under the applicable rules, regulations, statutes, agency or court decisions or other acts of government ("Laws") to access this Product and the Content, and that you have not previously been removed or banned from the Product.
PLEASE NOTE: YOUR ACCESS TO AND/OR USE OF THIS PRODUCT CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS PRODUCT.
YOUR REGISTRATION FOR A USER ACCOUNT, DISCUSSED IN SECTION 3 BELOW, CONSTITUTES YOUR AGREEMENT TO OUR COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION PURSUANT TO OUR PRIVACY & COOKIES POLICY. PLEASE READ THE PRIVACY & COOKIES POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT OUR COLLECTION, USE, STORAGE, DISCLOSURE, AND TRANSFER OF YOUR INFORMATION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF OUR PRIVACY & COOKIES POLICY, THEN YOU MAY NOT REGISTER FOR A USER ACCOUNT.
1. The Products
ArcadeIO is a website and collection of games in which you can access and play many different single or multi-user computer games ("Games") for free, interact with other players in gaming and non-gaming virtual locations, win virtual Currency (as defined below), and acquire virtual items for use in-game. We may also offer contests or sweepstakes ("Promotions") via the Product, which will be subject to additional terms and conditions to which you must agree before entering ("Promotions Rules"). Those Promotions Rules are considered part of this User Agreement and therefore part of the binding legal agreement between you and us. Please read any Promotions Rules carefully before you enter one or more Promotions.
2. Product Intellectual Property
(a) Rights Granted to You. We grant you a limited, revocable, non-transferable right (subject to this User Agreement) to: (i) access, via the internet, file servers owned or operated by ArcadeIO comprising the Product and exchange data with the Product solely for your own personal entertainment; (ii) play the Games available from the Product all solely for Your own personal entertainment; and (iii) access and use content, information or materials on the Product or relating to ArcadeIO and its products and services owned or licensed by us (collectively, the "ArcadeIO Content"), and similar items from our business partners and other third parties (collectively, the "Third-Party Content") available on the Product in accordance with this User Agreement. The ArcadeIO and Third-Party Content may be in the form of text, data, images, graphics, Games, button icons, registered and unregistered trademarks, music, sounds, videos, software, or other forms and formats of content now known or later invented. ArcadeIO Content, Third-Party Content and User Content (as defined below) are collectively referred to as "Content."
(b) Ownership. All ArcadeIO Content and Third-Party Content are protected by copyright Laws, Trademark Laws or other intellectual property Laws and all such Content is owned or used with permission by ArcadeIO. In addition, the Trademarks displayed on this Product are owned by ArcadeIO and third parties, and this Website's trade dress is owned by ArcadeIO. All Trademarks not owned by ArcadeIO are the property of their respective owners, and are used by ArcadeIO with permission. Nothing contained on the Product is intended or will be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark, ArcadeIO or Third-Party Content, except as specifically set forth in this User Agreement or otherwise with the express written permission of ArcadeIO or the third-party rights holder.
(c) Restrictions on Use. Except as set forth in this User Agreement or in the text of this Product, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit ArcadeIO, Third-Party or User Content that is not your User Content. You may not interfere with or circumvent any feature of the Product, including any security or access control mechanism. If you are prohibited under applicable law from using the Product, you may not use it.
3. User Accounts and Registration
(a) Guest Accounts. You may play any Games and access and use a limited set of features of the Product (including certain Content) without creating a user account ("Account"); instead, you will automatically be assigned a temporary guest user name that will be yours for a single session of use on the Product. If you access the Product as a guest, you will still be required to select an on-screen character to represent you in ArcadeIO ("Avatar") but you will not be required to provide any Personal Information in order to access certain features on the Product. For the purposes of this User Agreement "Personal Information" is defined as a user's name, email address, physical address, telephone number, any payment card or financial information and any other information that by itself or in connection with other information we collect and store is capable of identifying a natural human person. After you leave the Product, information associated with your guest account will be saved. However, no information, including any Currency, Game levels achieved or Content accessed or used, will be saved under this guest account if you do not consent to the placement of Cookies on your device(s).
(b) User Accounts. To create a user Account, you must:
i. Select an Avatar and a unique user name;
ii. Provide an email address. Please note that your email address will not be visible to any other users;
iii. Select an Account password ("Password") which, in addition to your email address, will constitute your logon credentials for your Account; and
iv. For VIP Accounts, select the VIP Account level, select your payment method and provide the requested payment information (remember, our collection and use of your Personal Information is governed by our Privacy & Cookies Policy). Your VIP Account will be activated, and all applicable features of the Product available, when we receive and process your valid payment. Please also review Section 5 below for additional terms about paid memberships.
(c) Additional Terms and Restrictions.
i. You may make changes to your Account information, including privacy settings. You are responsible for maintaining the accuracy of all Account information.
ii. You may establish only one Account per e-mail address and, as a reminder, the Product is available only to individual, natural persons who are Adults.
iii. You may choose any unique user name you wish; however, we may reject any user names for any reason, including user names that we believe violate our User Content and Community Rules, set forth below.
iv. You are responsible for maintaining the confidentiality of your Password. You may not allow anyone to use your logon credentials to access the Product or your Account. You are solely responsible and liable for all activities conducted through your Account regardless who conducts them and for any damage that may result from the use of your Account or logon credentials.
4. ArcadeIO "Currency" and Virtual Items
(a) Currency. The Product includes a component of in-game fictional currency ("Currency" or "Flow" or "Coins" or “Gems”), which has no monetary or financial value outside of the Product. Currency may be used to obtain certain virtual items available in ArcadeIO, such as clothing items, and power-up charms ("Virtual Items"). The Currency and Virtual Items are ArcadeIO Content which we distribute via the Product in our sole discretion and to which you are granted a limited, non-transferable, non-sublicensable, revocable, license to use in accordance with this User Agreement. The Product may include an opportunity for you to obtain Currency by completing actions or activities or downloading third-party applications (“Free Gem Offers”). Free Gem Offers may be subject to a separate third-party license or agreement. You obtain no property interest in Currency or Virtual Items. Any Currency balance shown in your account does not constitute a real-world balance or reflect any stored value, but rather constitutes a measurement of the extent of the license granted to you by us. ArcadeIO may charge fees for the right to obtain Currency or Virtual Items, or may distribute Currency or Virtual Items without charge, in its sole discretion. While we may use terms like “buy”, “purchase” in reference to Currency, we do so only for convenience and such terms in no way indicate that Currency has monetary value or is real money. Currency and Virtual Items are not redeemable for any sum of money or monetary value from ArcadeIO at any time and does not constitute contractually binding consideration or payment of any kind, including in exchange for your agreement to the User Agreement or your Game play. You agree that ArcadeIO has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that ArcadeIO will have no liability to you based on its exercise of such right. In addition, we have no liability for hacking or loss of Currency and Virtual Items, and we have no obligation to reimburse you for any Currency and Virtual Items that are lost due to your violation of this User Agreement.
(b) Transfer of Currency and Virtual Items. Currency and Virtual Items may be transferred to other users solely as described on the Product and subject to this User Agreement. Because Currency has no monetary value, you may not transfer, sell, purchase, auction, offer or resell Currency or Virtual Items in any manner, including, without limitation, by means of any direct sale, auction service, or other means, outside of the tools provided by ArcadeIO developed for these transactions, if any.
(c) Automatic Termination of Currency. Currency must be used by you within one (1) year of the date of acquisition. If you do not use your Currency to acquire Virtual Items within one (1) year of the date of acquisition, and you still have an active Account, we may (but are not required to) offer you the chance to convert any unused Currency into Virtual Items, or we may convert unused Currency into Virtual Items for you as determined by ArcadeIO in its sole discretion.
(d) Forfeiting Currency and Virtual Items. All Currency and Virtual Items may be forfeited if (i) your Account or access to the Product is terminated or suspended for any reason, in ArcadeIO's sole and absolute discretion; (ii) if ArcadeIO discontinues availability of the Product or (iii) if you fail to login to ArcadeIO for any ninety (90) day period.
(e) Erroneous Credits. You may be granted Currency through mechanisms created by ArcadeIO. ArcadeIO reserves the right to remove Currency from your Account if it determines that said grants of Currency were inaccurately awarded or for any other reasons it deems necessary. ArcadeIO also assumes no responsibility for any malfunction of the Product, which might result in the loss of Currency.
(f) Discontinuing Operations. Should ArcadeIO find it necessary to discontinue operations and/or take down the Product, it is under no obligation to offer any type of compensation for Currency or other Virtual Items that have been acquired through the Product.
Currency and Virtual Items are ArcadeIO Content to which users receive a limited license right in ArcadeIO's discretion. Currency and Virtual Items ARE NOT redeemable for money or any other form of value or consideration from ArcadeIO. We reserve the right to suspend or terminate the account of any user who sells or transfers Currency or Virtual Items in violation of this User Agreement.
5. Online Shopping and Additional Payment Terms
(a) General Payment Terms. Certain features of the Product may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. ArcadeIO uses Third-Party Providers in order to process payments. Your payment information is stored by these Third-Party Providers, not ArcadeIO, and ArcadeIO is not responsible for any fees associated with your use of Third-Party Payment Providers other than as set forth in this User Agreement.
(b) Price. ArcadeIO reserves the right to determine pricing for the Product. ArcadeIO will make reasonable efforts to keep pricing information published on the Product up to date. We encourage you to check our website periodically for current pricing information. ArcadeIO may change the fees for any feature of the Product, including additional fees or charges, if ArcadeIO gives you advance notice of changes before they apply. ArcadeIO, at its sole discretion, may make promotional offers with different features and different pricing to any of ArcadeIO’s customers. These promotional offers, unless made to you, will not apply to your offer or this User Agreement.
(c) Authorization. You authorize ArcadeIO to charge all sums for the orders that you make or select as described in this User Agreement or published by ArcadeIO, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, ArcadeIO may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
(d) Subscriptions. The Product may include automatically recurring payments for periodic charges (“Subscription”). If you activate a Subscription, then the following terms apply:
i. Automatically Renewable Subscriptions. BY PURCHASING A MONTHLY SUBSCRIPTION, YOU AGREE THAT, ONCE YOUR SUBSCRIPTION EXPIRES, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE MONTHLY PERIODS, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.
ii. Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS PRIOR TO THE NEXT DATE OF SUBSCRIPTION RENEWAL, AFTER WHICH ARCADEIO WILL NOT RENEW YOUR SUBSCRIPTION. SUBSCRIPTION PAYMENTS ARE NON-REFUNDABLE. YOU MAY CANCEL YOUR SUBSCRIPTION BY CLICKING THE “CANCEL BILLING” BUTTON IN YOUR USER SETTINGS WHICH WILL SEND YOU AN EMAIL WITH A LINK TO CONFIRM YOU CANCELLATION. YOU MAY ALSO CANCEL YOUR SUBSCRIPTION BY CONTACTING US AT SUPPORT@ARCADE.IO OR BY CALLING OUR TOLL FREE NUMBER 877-FLOWPLA.
iii. Recurring Charges. YOU AUTHORIZE ARCADEIO TO CHARGE THE PAYMENT METHOD THAT OUR PAYMENT PROCESSOR HAS ON FILE FOR YOU TO PAY FOR ANY RENEWAL SUBSCRIPTION. YOU WILL BE BILLED FOR THE SAME SUBSCRIPTION PLAN (OR THE MOST SIMILAR SUBSCRIPTION PLAN, IF YOUR PRIOR PLAN IS NO LONGER AVAILABLE) AT THE THEN-CURRENT MONTHLY SUBSCRIPTION PRICE PLUS ANY APPLICABLE TAXES. WE WILL PROCESS YOUR PAYMENTS FOR ANY RENEWAL SUBSCRIPTION USING THE SAME BILLING CYCLE AS YOUR CURRENT SUBSCRIPTION. IN OTHER WORDS, IF WE PROCESS YOUR PAYMENT FOR YOUR CURRENT SUBSCRIPTION ON THE 20TH OF EACH MONTH, THEN WE WILL CONTINUE TO PROCESS YOUR PAYMENT ON THAT DAY FOR ANY RENEWAL SUBSCRIPTION. ADDITIONAL TERMS AND CONDITIONS MAY APPLY UPON RENEWAL, AND SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
(e) Delinquent Accounts. ArcadeIO may suspend or terminate access to the Product, including fee-based portions of the Product, for any account for which any amount is due but unpaid. In addition to the amount due to ArcadeIO, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
(f) Refunds. If you are unhappy with your purchase, we may, at our sole discretion, refund your payment if you have not used any portion of the features that you purchased. However, Subscriptions and memberships are always non-refundable.
(g) Additional Terms. Please remember that you must be an Adult to access and use this Product, which includes buying any products, services or VIP Accounts. We may, but are not required to, issue refunds for any goods, services or Accounts bought by an individual who is not an Adult. In addition:
i. We may include additional terms with your purchase, which we will be displayed to you at or near the point of purchase ("Sales Terms"). Any Sales Terms are incorporated into this User Agreement by reference and constitute part of the agreement between us.
ii. Please note that we make every effort to display as accurately as possible any products and services we offer for sale. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services.
iii. At any time and in our sole discretion, we may add new products and services for additional fees and charges, or amend fees and charges for existing services if we give you advance notice of changes before they apply.
iv. Accounts may be cancelled by you at any time by sending an email requesting cancellation to firstname.lastname@example.org. We will cancel your Account within 24 hours of our receipt of your request, at which time you will no longer be able to use certain features of the Product, but if you have a VIP Account and have paid for a period in advance (i.e. a monthly subscription fee) you will be allowed to use the remaining time according to this User Agreement unless your Account or this User Agreement or the Product is suspended or terminated in accordance with this User Agreement. Account cancellation is permanent.
v. ArcadeIO has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this User Agreement, and/or refuse any and all current or future use of the Product without notice or liability to you. If we suspend or terminate your Account or this User Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.
6. User Content and Community Rules
Your use of this Product is also subject to the terms, conditions and restrictions set forth in this Section.
(a) Warranty Disclaimer; Our Rights to Remove
i. We may offer certain features on the Product, such as in-game chat rooms, bulletin boards or similar multi-user communication features, that allow you and other users to upload, post or otherwise submit or transmit Content via the Product (all such Content, "User Content"). Please note that, unless otherwise indicated by us, we are not required to monitor, filter, censor, edit, or regulate User Content (although we may do so, in our sole discretion). We do not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any User Content.
ii. We may, at any time and in our sole discretion, permanently or temporarily delete, remove, or modify any User Content, including any User Content that we determine violates this User Agreement.
(b) Your License to Us. If you transmit any User Content to or via the Product (including, without limitation, in any chat rooms), you grant us a non-exclusive, unrestricted, fully-paid, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your User Content throughout the world in any and all media for any purpose. Please note that this license to your User Content does not include a license to your Personal Information.
(c) Submissions to ArcadeIO. We like to hear from you. However, if you email, fax or contact us, we will consider any information or materials included in such submissions as User Content and subject to the terms, conditions and restrictions set forth for User Content transmitted via the Product, even if the User Content contains ideas for improvements to the Product, system designs, plans, techniques or similar User Content. In particular, please note that unless ArcadeIO specifically requests them, ArcadeIO does not solicit or wish to receive any User Content containing confidential, secret or proprietary information and we do not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Also, our receipt of User Content is not an admission by ArcadeIO of its novelty, priority, or originality, and it does not impair ArcadeIO's right to contest existing or future intellectual property rights relating to User Content.
(d) Your User Content Warranty. You represent and warrant to us that you own or otherwise possess all necessary rights to all User Content you transmit to the Product or to us.
(e) Use and Content Restrictions. You agree that you will not use the Product or transmit User Content to or for:
i. Any commercial or income-seeking purpose, or for any purpose other than your personal entertainment;
ii. The transfer, sale, purchase or auction, or offers or acceptance of offer therefor, of any Content, including (without limitation) Avatars, character attributes, Virtual Items, Currency, objects, or encourage or induce any other user to participate in such a prohibited transaction outside of the tools provided by ArcadeIO developed for these transactions, if any;
iii. Transmit any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of commercial or political solicitation, except in those areas of the Product that we may expressly designate for such purposes;
iv. Violate any Laws, including Laws applicable to online gaming, and including posting User Content that infringes any other person or entity's intellectual property rights, such as copyrights and trademark rights;
v. Post, transmit or submit User Content that is obscene, defamatory, violent (or inciting others to violence), racist, pornographic, vulgar, offensive, profane, threatening, abusive, that violates any applicable domestic or international Laws or that constitutes hate speech, or that encourages or instructs users as to how to commit any of the foregoing. This includes, but is not limited to, providing instructions on how to assemble bombs and any other weapons, and creating "crush" websites;
vi. Monitor, gather, obtain, use, access or copy the Product and any Content (whether yours, ours or a third-party's) by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic or manual process of any kind. Content includes lists of users and their Personal Information;
vii. Transmit any User Content that contains software viruses, worms, disabling code, worms, time bombs, "clear GIFs", cancelbots, or other computer programming, code or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or Personal Information, or interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment;
viii. Frame or utilize framing techniques to enclose any Content on the Product (including, without limitation, any images, text, or page layout);
ix. Use any meta tags or any other "hidden text" utilizing any trademarks, logos, taglines, trade names or similar terms ("Trademarks");
x. Use the Product or the services or features made available on the Product in any manner with the intent to interrupt, damage, disable, overburden, or impair the Product or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
xi. Reverse engineer, disassemble or decompile or otherwise attempt to derive code from any information accessible through the Product or permit any third party to do so;
xii. Create or provide any other means through which the Product may be accessed and/or the Games may be played by others, as, for example, through server emulators, whether for profit or not;
xiii. Engage in any conduct that results in an Account containing Virtual Items, Currency, Avatar or user attributes, rank, or status that are inappropriate for the level or rank of the Avatar or Account, including without limitation to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the Product to acquire, any of the foregoing without playing or performing in the Games or on the Product. This includes the use of macros or other stored rapid keystrokes, "dupes," "cheats" or other patterns of play that facilitate acquisition of any of the foregoing at an accelerated rate when compared with ordinary Game play;
xiv. Run, promote or participate in raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
xv. Disguise the origin of any Content, including, without limitation, by forging headers;
xvi. Impersonate any person or entity, whether actual or fictitious, including, without limitation, a ArcadeIO representative, or falsely state or otherwise misrepresent your affiliation or association with, sponsorship by, or connection to, any person or entity, including, without limitation, by using Trademarks that you do not have the legal right to use;
xvii. Modify, obscure, or eliminate the ArcadeIO frame set, banner advertising, or any other content or information that originates from ArcadeIO;
xviii. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Product are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
xix. Provide links to websites, networks, content, or resources that themselves violate the letter or spirit of this User Agreement, or promote the violation of this User Agreement or make available tools or information whose primary use constitutes a violation of the letter or spirit of this User Agreement; or
xx. Interfere with the operation or design of any elements that ArcadeIO may add to users' pages or other personal features or areas of the Product, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.
(f) Protecting Yourself. It is important to remember that User Content submitted to the Product, including any multi-user communication features, may be recorded and stored in multiple places, both on our Product and elsewhere on the Internet, which are likely to be accessible for a long time and to which you may not be able to control such access. If you elect to participate in Product feature that enables you to communicate with other users, some of your Account information and Content may be shared with other users. Because of the anonymity provided by usernames, you may not know at all times who you are interacting with on the Product. Please be careful and selective about the information that you disclose about yourself and others, and in particular, do not disclose any Personal Information in your messages, comments or posts to our public forums and community features.
(g) Additional Terms. You understand and agree that you may be exposed to other users' User Content with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of or access to any such User Content and your exposure to it, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such User Content. We do not warrant or guarantee that Content will not offend you.
(h) Contact Us. We encourage you to report to us, at email@example.com, any suspected violations of this User Agreement or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features.
7. Investigations; Cooperation with Law Enforcement; Termination
You agree that we may, without any limitation whatsoever: (a) investigate any suspected breaches of the Product security or our information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Product, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the Law, (e) delete or modify any Content on the site, including any User Content, Currency or Virtual Items you may have acquired or submitted through your use of this Product, and (f) discontinue this Product or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
8. Note to International Visitors
This Product and the servers that make this Product available are located in the United States of America. If you reside in another country, this User Agreement (or certain terms of it, including in the Privacy & Cookies Policy) may conflict with the laws of your country. ArcadeIO makes no representation that this Product is appropriate or available for use beyond the United States of America. If you use this Product from other locations, you are responsible for compliance with applicable local laws. Although ArcadeIO products and services are available in many parts of the world, this Product may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide. In the event of such a conflict, this User Agreement will govern to the extent that it is valid and enforceable under applicable United States laws.
9. Disclaimers of Warranties
YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK AND YOU AGREE TO ASSUME ALL SUCH RISK. THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THIS PRODUCT WILL MEET YOUR REQUIREMENTS, (B) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THE PRODUCT WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS PRODUCT (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CONTENT) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS. ANY CONTENT DOWNLOADED AND ANY CONTENT, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE PRODUCT (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CONTENT) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARCADEIO OR THROUGH OR FROM THE PRODUCT WILL CREATE ANY WARRANTY. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE PRODUCT TO YOU. SOME JURISDICTIONS MAY NOT PERMIT THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH, SO SOME OF THE DISCLAIMERS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
10. Limitation of Liability
WE WILL NOT BE LIABLE, AND WE DISCLAIM ALL LIABILITY, IN CONNECTION WITH ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) ANY USE OR INABILITY TO USE THE PRODUCT OR ANY COMPONENT THEREOF; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCT; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT; (D) STATEMENTS OR CONDUCT OF THE SERVICES OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR WHO IS NOT EMPLOYED BY ARCADEIO); OR (E) ANY OTHER MATTER RELATING TO THE PRODUCT OR ANY USER CONTENT, USERS, THIRD PARTY CONTENT, OR THIRD PARTIES.
THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE PRODUCT TO YOU.
SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH, SO SOME OF THE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
11. Links by You to the Website
We grant you a limited, non-exclusive, revocable right to create hyperlinks to this Product, so long as: (a) the links are only to the home page of this Product, (b) the links only incorporate text, and do not use any ArcadeIO Content or other Content to which you do not have rights, including any Trademarks, (c) the links and related content on your site do not suggest any affiliation with ArcadeIO or cause confusion among consumers, (d) the links and related content on your site do not portray ArcadeIO or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
12. Links on this Product to and from Other Sites
This Product may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of ArcadeIO. ArcadeIO has no control over the content of Linked Sites, and ArcadeIO does not assume any obligation to review any Linked Sites. ArcadeIO does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and ArcadeIO disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the Privacy & Cookies Policy, conditions of use, and other terms imposed by the operator of the Linked Site and ArcadeIO disclaims all liability in connection therewith.
13. Banners, Advertisements, and Promotions
We may post banners, advertisements, promotions, and similar content throughout this Product. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Product (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). ArcadeIO disclaims all liability in connection with therewith.
14. Procedure for Alleging Copyright Infringement
ArcadeIO 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 copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Product, then send us a written notice that includes all of the following:
(a) A legend or subject line that says: "DMCA Copyright Infringement Notice;"
(b) Description of the copyrighted work that you claim has been infringed;
(c) The URL of the Product and a description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(f) 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
(g) Your electronic or physical signature.
ArcadeIO will only receive DMCA notices by mail, e-mail, or facsimile at the addresses below:
By Mail: FlowPlay, Inc. dba ArcadeIO, 1008 Western Ave #300, Seattle, WA 98104
Attention: Legal & Business Affairs
ArcadeIO may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and ArcadeIO may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone ArcadeIO at 206-219-0537.
Repeat Infringers. Our intellectual property policy is to (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Product; (ii) remove any content posted to the Product by “repeat infringers”; and (iii) promptly terminate the accounts of users who are determined to be “repeat infringers.” We currently consider a “repeat infringer” to be any user for whom we have received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to content submitted by such user. We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own determination.
15. Dispute Resolution and Arbitration
16. Additional Provisions
(a) Indemnity You agree to indemnify, defend, and hold harmless ArcadeIO (which includes ArcadeIO's affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Product.
(b) Revisions to this Product and this User Agreement ArcadeIO may, in its sole discretion, make changes to any aspect of this Product, including, without limitation, any Content, any activities available on this Product, and any products or services offered through this Product. ArcadeIO may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect after 7 days form the date of its posting, unless otherwise stated. Continued use of this Product following the effective date of any such changes constitutes your acceptance of those changes.
(c) Applicable Law; Disputes This User Agreement, and any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Product, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Washington, without giving effect to its choice of law or conflict of law provisions. You hereby consent to personal jurisdiction and venue in Seattle, Washington and service of process by certified mail. If any part of this Paragraph is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the User Agreement, and the remaining portions shall remain in full force and effect.
i. This User Agreement, accepted by your use of the Product and further affirmed by creating an Account or submitting Content to the Product, contains the entire agreement between you and ArcadeIO regarding the use of the Product and supersedes all prior understandings related to the Product.
ii. By using this Product or by e-mailing us, you consent to receive communications from us electronically, provided such communications are otherwise in accordance with the User Agreement. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Product or otherwise, satisfy any legal requirement that such communications be in writing.
17. Contact Us.
The Product is offered by FlowPlay, Inc., located at 1008 Western Ave #300, Seattle, WA 98104. You may contact us by sending to that address or by emailing us at firstname.lastname@example.org.
18. Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Product or to receive further information regarding use of the Product.
19. No Support.
We are under no obligation to provide support for the Product. In instances where we may offer support, the support will be subject to published policies.
20. Notice Regarding Apple.
This Section 19 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this User Agreement are between you and FlowPlay, Inc. only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Product or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Product. If the Product fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Product. Apple is not responsible for addressing any claims by you or any third party relating to the Product or your possession and/or use of the Product, including: (a) product liability claims; (b) any claim that the Product fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Product and/or your possession and use of the Product infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Product. Apple and Apple’s subsidiaries are third party beneficiaries of this User Agreement, and upon your acceptance of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you as a third party beneficiary of this User Agreement. You hereby represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.