ArcadeHype Terms & Conditions

By accesssing, viewing and upon registration to the ArcadeHype.com website and by participating or using ArcadeHype games, applications, products or services you agree to the following terms and conditions outlined below.

Your participation or use of the ArcadeHype.com website and/or use of ArcadeHype games, applications, products or services conveys a legally binding acceptance of this agreement. If you do not agree to our Terms and Conditions then you are not allowed to access, participate or use ArcadeHype's games, applications, products or services. ArcadeHype reserves the right to modify, alter and update the content outlined in our Terms and Conditions at anytime without notice.

ArcadeHype.com or any of it's third party providers or their respective agents shall under no circumstances, but not limited to, negligence, be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of inability to use the ArcadeHype.com website, software and/or services, even if such party has been advised of the possibility of such damages.

You agree that all risk related to your use of ArcadeHype's websites and services, including but not limited to, the risk of communications with other people or damage to your computer.

Age restrictions

ArcadeHype ensures that most of the content on ArcadeHype.com is suitable for viewers of all ages however the nature of some conent may contain subject matter that may be unsuitable to viewers under the age of 13. Although we do collect a user's date of birth upon registration we do not verify a users's age through an age verification process. Therefore we strongly urge user's under the age of 13 to have parental supervision or express consent from an elder when accessing the ArcadeHype.com website. You agree that if you assist users under the age of 13 to access the ArcadeHype.com website, with your computer or any internet enabled device capable of access to ArcadeHype.com (whether owned, leased or borrowed) that you will assume full liability for any consequences and that under no circumstances including but not limited to, negligence, be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of inability to use the ArcadeHype.com website, software and/or services, even if such party has been advised of the possibility of such damages.

Links

ArcadeHype accepts no responsibility for the links to or from its website and the inclusion of these links does not mean that ArcadeHype endorses the material or content of these sites.

Advertisements

ArcadeHype accepts no responsibility for any third party advertisements that may appear anywhere on ArcadeHype.

Disclaimer Regarding Third Party Games, Applications or services

You hereby acknowledge and agree that any third party game, application or service that may be accessed via Arcadehype.com is being provided to you by a third party provider and not by ArcadeHype. You hereby acknowledge and agree that your use of any such third party game, application or service may also be governed by such third party game, application or service provider's terms of use, licence agreement, privacy policy, or other such agreement. Licensor expressly disclaims any liability in connection with any such third party games, applications or services or your use thereof.

User Rules

Users may be banned or accounts suspended or terminated on the entire ArcadeHype.com website or any game available on ArcadeHype.com if users use inappropriate language or inappropriate behavior as determined by ArcadeHype. Inappropriate language and/or inappropriate behavior is not allowed on ArcadeHype related websites. ArcadeHype is not responsible for user content, postings, chat, and/or communications. Users are responsible for their own actions.

You agree not to commit any of the following acts:

1. Advertise or sell any products, services or otherwise (whether or not for profit);
2. Post, distribute, or otherwise make available or upload any software or other computer files that contain a virus or other harmful component;
3. Impersonate any person or entity or falsify your identity or affiliation with any person or entity;
4. Engage or participate in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
5. Modify or delete any legal notices, disclaimers, or proprietary notices such as copyright, trademark symbols or logos that you do not own or have express permission to modify or delete;
6. Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme.
7. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
8. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;

We reserve the right to ban or susped any user account on the ArcadeHype.com website that may be in violation of these rules. We reserve the right to deny or remove any posted material or submitted content, and if we deem appropriate, to turn over to law enforcement officials, any material and/or personal information including email address, messages or postings that are in violation of these rules. We also reserve the right to cooperate and comply with any order or law enforcement officials regarding the identification of any user alleged to be using a ArcadeHype related website or service in violation of the law.

Jurisdiction

The laws of Canada and the United States of America govern this agreement, without giving effect to conflict of laws provisions. The courts of Canada have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of this agreement unless ArcadeHype wishes to initiate legal proceedings in your home legal district. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.

Newsletter / Unsubscribe

The ArcadeHype Newsletter is only sent to registered players. Players can opt out of the newsletter at anytime through their control panel under edit profile/email preferences.

Content/Posting Submissions:

By submitting/posting any content, such as but not limited to messages, text, files, images, photos, video, works of authorship, or any other materials, you hereby grant to ArcadeHype, a non-exclusive, royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such content on and through ArcadeHype services and the ArcadeHype.com website or any other medium.

Friend Request Notifications:

You can opt out of friend request notifications at anytime through your ArcadeHype control panel under your profile settings. This option is activated automatically upon account registration but you can disable it at anytime.

ArcadeHype.com Newsletter Email Policy

We strive to keep our players happy by providing them with an easy to use system for joining and unjoining our lists.

Our newsletters have an easy to use system with alternative methods of unjoing to ensure that you can easily be removed from our lists. This can done through a players control panel or manually by our help department.

Included in our Newsletter emails are:

1. An easy option to unjoin the list you are subscribed to.
2. An unsubscribe option is also available to registered players through their control panel under edit profile/email preferences.
3. The email address you subscribed with is shown in case you have forgotten it, or you are using mail forwarding or a catch all address.
4. A link to our Newsletter/Email Policy on every email.

We strive to make our newsletter a great experience for users:

1. We do not buy email addresses from other sources.
2. We do not borrow email addresses from other sources.
3. We do not spam.
4. We log IP addresses to prevent abuse.
5. We do not sell our email addresses.
6. We don't sell our email lists.
7. We don't loan our email lists.
8. We don't let other companies use our email lists.
9. As you can see ArcadeHype.com strives to ensure the very best experience for our users by being very critical in regard to our Newsletter/Email Policy and our system ensures every member has the ability to unjoin from our lists.

If you would like to be removed from any ArcadeHype list send an email to newsletter@arcadehype.com or log into your ArcadeHype and update your profile settings to opt out of the newsletter.

Acceptable Use Policy

ArcadeHype has no tolerance for any misuse of our website for any immoral, illegal or other activity deemed to be inappropriate by ArcadeHype. We hold any user of our website responsible for any misappropriate behavior which includes any attempt to use our system for spamming or any other type of abuse. If we get a complaint we can investigate and if necessary track down the person or persons responsible for the activity to take any necessary actions such as prosecution.

ArcadeHype.com Game Licence Agreement

The following outlines use of distribution of ArcadeHype games or other content.

ArcadeHype Software Licence Agreement (Games, movies and content)

Definitions: Games, movies and content produced by ArcadeHype shall be known as the SOFTWARE.

Please read the following terms and conditions carefully before using this SOFTWARE. Without a different licence agreement signed and issued by ArcadeHype, your use or distribution of this SOFTWARE indicates your acceptance of this licence agreement and warranty.

Use of the SOFTWARE is contingent on your agreement and understanding of the following terms:

Grant of Licence

ArcadeHype retains all original copyrights to its SOFTWARE but we allow our SOFTWARE to be freely distributable in an original fashion without a licence fee. If a licence fee is enforced in the future you would be subject to pay a licensing fee or agree to remove our SOFTWARE immediately from your website. The SOFTWARE is not allowed be placed or distributed among networks that contain adult or racial content. Websites that install malicious code or adware onto a user's system that could be potentially harmful is also strictly forbidden. Arcadehype retains the right, at its sole discretion, to decide which websites are suitable to host our SOFTWARE and to exclude any websites or companies from software licenses. You are not allowed to package or redistribute our SOFTWARE with your software or any third party software without the express permission of ArcadeHype; this includes, but not limited to, toolbars, adware, desktop and mobile apps. You are not permitted to require users to sign up or dial premium numbers that would gain access to ArcadeHype SOFTWARE nor are you allowed to promote our SOFTWARE in any such way or similar service. These license terms are subject to change at any time without notice.

Disclaimer of Warranty

The software is provided as is without any warranty of any kind. ArcadeHype will not be held liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever. This also covers, without limitation, damages for loss of business profits, business interuption, lost of business information, or other monetary loss arising out of this agreement wether or not ArcadeHype has been advised of the possibility of such damages. Your ability or inability to use the SOFTWARE correctly, under no assisstance from ArcadeHype, remains your responsibility. The entire risk arising out of the use of the SOFTWARE and documentation remains with the recipient.

ArcadeHype does not offer warranties on this SOFTWARE; the SOFTWARE along with its accompanying files are sold as is. No warranites are given to performance or merchant ability wether expressed or implied. Because of different hardware and software configurations into which the SOFTWARE may be put, no warranty or fitness for a particular purpose is offered. Any liability of the seller willl be limited exclusively to product replacement or refund of purchase price. The user must assume the entire risk of using the SOFTWARE.

Scope of Grant

This SOFTWARE cannot be modified, recompiled, reverse engineered, disassembled or reassembled in any way. Arcadehype shall retain all original ownership, titles and rights to the SOFTWARE.

Copyright

This SOFTWARE is protected and governed by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Maintenance

ArcadeHype is not obligated to provide support, maintenance or updates for the SOFTWARE. However, any maintenances or updates provided by ArcadeHype shall be covered by this agreement.

Distribution

Our free licence entitles you to make as many copies of this SOFTWARE as you wish and deploy the SOFTWARE in its unmodified state via a website only. You are prohibited from charging for use of or access to, or requesting donations, or bundling with any other software or hardware nor are you allowed to distribute the SOFTWARE on cd.

Custom Licence Agreements

If you wish to use the SOFTWARE for any other purpose such as CD distribution you may apply for a custom licensing agreement at biz@arcadehype.com