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ARCADEWEB SITE TERMS OF USE
SECTION 1: GENERAL INFORMATION; ACCEPTANCE OF TERMS
Welcome to Arcadeweb.com. We are glad you have decided to join our gaming
community and look forward to your involvement with the Arcadeweb.com
site (the “Site”). Before you begin delving into the
services and content available on our Site, please take a moment to
review these “Terms Of Use”, which represent an agreement between you and
ArcadeWeb LLC and its parent company Future Ads LLC (collectively,
“ArcadeWeb”, also referred to in these Terms of Use as “we”, “us” or “our”). It is
important that you understand both the benefits we provide as well as the
rules which apply to your use of the Site. Our goal is to make the Site a
friendly and fair place for all of our users.
As with many websites, when you visit the Site, it uses cookies and other monitoring technologies which allow us
to customize and enhance your experience on the Site as well as make your visits to the Site more convenient and
fun. You have a right to understand the way ArcadeWeb collects and uses information provided by you or your
computer to the Site and/or through the Software (as defined below). This information is set forth in the
ArcadeWeb Privacy Policy. You should read our
Privacy Policy before opening an account on the Site.
The ArcadeWeb Privacy Policy applies to your access
to and use of the Site and/or Software, whether or not you elect to
participate in Site tournaments.
ArcadeWeb offers games on the Site free of charge in exchange for your agreement to install ArcadeWeb software
(the “Software”).
The Software will allow us to display third party applications as well as text link, popup/under, transitional
and banner advertisements on your computer based on the information we collect from you as described in the
Privacy Policy. The Software does not collect
any personally identifiable information. In addition, the Site and
games on the Site may display advertisements from third parties before and/or during gameplay. All third party
applications and such advertisements from the Software, Site and games on the Site shall collectively be known as
“Third Party Content”.
Your dealings with Third Party Content, including, but not limited to, your participation in its advertisements
and promotions, purchase of its goods, or any other type of involvement, are solely between you and the third
party. Therefore you acknowledge and agree that we and our Related Companies (as defined below) are not
responsible or liable for the availability of, nor do we or our Related Companies endorse the products or other
materials of the Third Party Content. You further acknowledge and agree that we and our Related Companies shall
not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your
use of or reliance on any Third Party Content. Finally, you acknowledge that if you access the Third Party
Content, their terms and conditions and privacy policies apply to your rights and obligations with respect to
such access. Accordingly, such third parties may collect personal or non-personal information about you.
BY USING THE SITE AND/OR DOWNLOADING THE SOFTWARE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING
OUR USE OF YOUR INFORMATION AS PROVIDED BELOW AND IN THE ARCADEWEB
PRIVACY POLICY. IN ADDITION, THE SOFTWARE
AUTOMATICALLY MODIFIES YOUR BROWSER SETTINGS WITH FIREFOX, GOOGLE CHROME AND INTERNET EXPLORER TO ENABLE OUR
REQUESTED ADD-ON RATHER THAN REQUIRING YOU TO MANUALLY ENABLE IT. IF YOU DO NOT AGREE TO THESE TERMS OF USE,
INCLUDING OUR USE OF YOUR INFORMATION AS PROVIDED IN THE
PRIVACY POLICY, YOU SHOULD NOT ACCESS THE SITE AND
YOU SHOULD NOT BECOME A MEMBER OF THE SITE AND DOWNLOAD THE SOFTWARE. IF YOU HAVE ALREADY BECOME A MEMBER OF THE
SITE OR YOU HAVE DOWNLOADED THE SOFTWARE, YOU SHOULD IMMEDIATELY TERMINATE YOUR ACCOUNT AND DEACTIVATE THE
SOFTWARE. (See Section 12.2 below “Termination of Account/Uninstall”).
PLEASE KNOW THAT WE MAY AMEND THESE TERMS OF USE AND THE TERMS OF OUR
PRIVACY POLICY FROM TIME TO TIME. ALL AMENDMENTS
WILL BE POSTED ON THESE TERMS OF USE, THE PRIVACY POLICY
AND OTHER PLACES WE DEEM APPROPRIATE. IF YOU CONTINUE TO USE THE SITE OR PLAY ANY GAMES ON THE SITE AFTER AN
AMENDMENT IS POSTED, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THAT AMENDMENT. THEREFORE, YOU SHOULD REVIEW
THESE TERMS OF USE AND OUR PRIVACY POLICY EACH TIME
YOU USE THE SITE TO DETERMINE IF THEY HAVE BEEN UPDATED. YOU CAN TELL IF THESE TERMS OF USE OR THE
PRIVACY POLICY HAVE BEEN UPDATED BY CHECKING THE
“EFFECTIVE DATE” AT THE BOTTOM OF EACH. WE ENCOURAGE YOU TO KEEP A PRINTED COPY OF THE CURRENT TERMS OF USE AND
PRIVACY POLICY FOR YOUR REVIEW AND REFERENCE. IF YOU
DO NOT AGREE TO THE TERMS OF USE AND PRIVACY POLICY,
YOU MUST NOT USE THE SITE.
SECTION 2: ELIGIBILITY TO PARTICIPATE
2.1 Minimum Requirements. To open an account and/or participate in
any tournament offered on the Site, or to participate in any other
offering on the Site, including, without limitation, any current or
future Site features allowing users to communicate directly or through
postings with each other (collectively, the “ArcadeWeb Community
Features”) you must:
(a) be a natural person, at least 18 years old and able to form a legally
binding contract under applicable law, who is assigned to the email
address submitted on your account registration form;
(b) be a United States citizen or resident alien with a United States
physical address;
(c) be physically located within the United States; and
(d) be physically located in a state in which participation in the
tournaments offered on the Site is unrestricted by law.
Note: We may require anyone who is eligible to receive a tournament prize
to provide the Site with proof that s/he was eligible to participate in
the tournament according to the terms of this Section 2. This proof can
include a requirement to provide photographs and/or copies of a valid
government-issued ID and proof of a US physical address.
2.2 Restrictions on Eligibility Based on Law. The laws and
regulations governing sweepstakes, contests, and tournaments with entry
fees and/or prizes are established by each individual state, not by the
federal government. It is your responsibility to check the laws in your
state to determine if you can participate in a tournament on the Site. If
you are physically located in a state which prohibits your participation
in tournaments with prizes, then you are NOT eligible to
participate in the tournaments offered by this Site.
2.3 Additional Restrictions on Eligibility. The following persons
are ineligible to receive any prize offered on the Site: (a) employees,
owners and officers of ArcadeWeb and its Related Companies, (b) the foregoing
persons’ respective immediate family members, and (c) and any other
person with access to non-public information regarding the operation of
any tournament offered on the Site. For purposes of this section,
immediate family members include parents, siblings, spouses, children, or
any other person permanently residing in the same household with an
employee, officer, or director of ArcadeWeb or its Related Companies.
2.4 Monitoring Location. ArcadeWeb reserves the right to monitor
the location from which you access the Site and to block access from any
computer which ArcadeWeb determines, in its judgment, is located (a)
outside of the United States, or (b) in a jurisdiction where
participation in one or more Site activities is prohibited or
restricted.
2.5 Disclaimers of Liability Regarding Your Ability to
Participate. ArcadeWeb makes no representations or warranties,
express or implied, that you have the legal right to participate in any
tournament offered on the Site, nor shall any person affiliated, or
claiming affiliation, with the Site have authority to make any such
representations or warranties. You agree that neither ArcadeWeb
nor its Related Companies will be liable to you or any third party for any
damages, costs, or expenses of any kind and under any theory of law,
equity, contract, tort or otherwise, if: (a) laws applicable to you
restrict or prohibit your participation in Site activities, including
tournaments, or (b) ArcadeWeb blocks your access to the Site or your
participation in any Site activity, including any tournament, based on
its determination that you are located in a jurisdiction outside of the
United States or which prohibits or restricts your participation, even if
such determination by ArcadeWeb was inaccurate, negligent, willful or
malicious. However, ArcadeWeb’s ability to block your access to the
Site does not mean and should not be construed to mean that ArcadeWeb is
responsible for your lawful use of the Site; it is your responsibility to
make sure that your use of the Site is not prohibited by any applicable
law or regulation.
2.6 Denial of Site Access. Without limiting the foregoing, you
understand and agree that we reserve the right to, in our sole
discretion, deny access to the Site or any Site activity to any person or
entity and that we and our Related Companies shall have no liability of any kind or based on
any theory of law, equity, contract, tort or otherwise, to you or to any
third party as a result of any decision we might make to deny you access
to the Site or any Site activity.
SECTION 3: LIMITATIONS AND TAXES ON PARTICIPATION AND PRIZES
To the extent prizes are offered on the Site, a person can only win such prizes up to an aggregate
value of $500 (USD) during any calendar year. You will not receive prizes in excess of $500 (USD) for a calendar year and
you are deemed to have waived any right you might otherwise have to such additional prizes.
Our systems may fail to restrict users to the above limitations due to circumstances out of our control, such as,
but not limited to, when individuals file a joint tax return. In such an instance where a user has won prizes or
received auction winnings with an aggregate value of $600 (USD) or more during any calendar year, the
United States Internal Revenue Service ("IRS") regulations currently require ArcadeWeb to send a Form 1099 to
such users. Accordingly, and in order to fulfill our legal requirements, if you receive prizes or auction
winnings in that amount during any calendar year, it is your responsibility to disclose that to us by providing
us a completed and signed IRS Form W-9, (which can be found
here) and to report such prizes
and auction winnings as income on your tax return regardless if you receive an IRS Form 1099.
Although we will use commercially reasonable efforts to comply with
and implement the IRS requirements accurately, promptly and fairly, you
agree that neither ArcadeWeb nor its Related Companies will be liable to you or
any third party for any liabilities, damages, costs, or expenses of any
kind and under any theory of law, equity, contract, tort or otherwise
which you or such third party may incur as a result of any acts, errors
or omissions of ArcadeWeb or its Related Companies in their efforts to implement
and comply with the IRS requirements. Without limiting the foregoing, you
agree that you remain solely responsible for paying all federal and other
taxes in accordance with the laws that apply in your state, province,
and/or country of residence, and that you will indemnify and hold
harmless ArcadeWeb and its Related Companies from any and all liabilities,
costs, expenses or damages incurred by any one or more of them as a
result of: (a) your failure to timely pay applicable taxes, or (b)
inaccuracies or omissions in any W-9 or other IRS form which you submit
to ArcadeWeb.
SECTION 4: ACKNOWLEDGMENT OF PROPRIETARY RIGHTS
4.1 Site Materials. By registering for a Site account and/or
participating in any tournament or other service or activity offered on
the Site, you acknowledge that all information, content and materials
contained on the Site (in any form or media, the “Site Materials”) may be
protected by one or more copyrights, patents, trademarks, trade secrets,
or other proprietary rights owned by ArcadeWeb, its Related Companies or third
party content suppliers, vendors, licensors or business partners, or by
other individuals whose games have been submitted to the Site. Except for
third party materials which are in the public domain, you may not modify,
publish, participate in the transfer or sale of, create derivative works
from, or in any other way exploit the Site Materials.
4.2 Trademarks. The trademarks, logos, and service marks displayed
on the Site whether or not registered (collectively the “Trademarks”),
including the names of all games, are Trademarks of ArcadeWeb, its
affiliates and/or third parties. You have no right to use the Trademarks
in any way and nothing contained on the Site should be construed as
granting to you, by implication, estoppel or otherwise, any license or
right to use any Trademarks without our written permission or the written
permission of the third party that owns the Trademarks.
4.3 Unauthorized Use; Misuse. Your misuse or unauthorized use of
any Trademarks or any Site Materials is strictly prohibited. You are
hereby advised that we and our Related Companies are prepared to aggressively enforce our
intellectual property rights to the fullest extent of the law, including
the seeking of criminal prosecution where appropriate. We will
also reasonably cooperate with any third party alleging that such party’s
intellectual property rights have been infringed on the Site and shall
take such steps as are required by law or otherwise reasonable and
necessary to resolve any such complaint. If you believe that a particular
game or other Site Material or any Trademarks violate your copyright or
trademark or that of a party for whom you are authorized to speak, please
follow the notification procedure provided on the Privacy Policy.
4.4 No Accessing, Reverse Engineering or Copying the Software. By downloading the Software, you
agree that you will not and will not attempt to: (a) access the Software
(other than to uninstall the same pursuant to the ArcadeWeb uninstall instructions, (b)
reverse engineer, decompile, disassemble, or otherwise attempt to find
the source code for or develop derivative products of the Software, (c)
disable or circumvent the intended operation of the Software or disclose
any such method or means to any third party, (d) copy the Software in
whole or in part, or (e) use the Software for your own purposes or on
behalf of any third party.
4.5 No Hacking, Tampering or Unauthorized Access or Use. You agree that you shall
not and shall not attempt to: (a) gain unauthorized access to the Site’s systems,
(b) interfere with procedures or performance of the Site, (c) deliberately damage or undermine the Site,
(d) play a game offered on the Site by means of automatic, macro, programmed, or similar methods, or
(e) commit fraud with regard to the Site. Your violation of any of the terms of this Section four may result
in your civil and/or criminal prosecution.
4.6 Disclaimer of Warranties and Liability. You understand and
agree that the Site Material is provided "AS IS" without warranty or representation of any time and that
ArcadeWeb and its Related Companies do not warrant or represent, and expressly disclaim any warranties or
representations (a) that the Site Materials are accurate, complete, free from viruses or free from infringement,
(b) that the Site tournaments and other activities will operate correctly or without interruption, error or
defect, or (c) that your use of Site Materials or your participation in Site activities will not infringe on the
rights of third parties.
You further understand and agree that neither ArcadeWeb nor its Related Companies will be liable to you or any
third party for any liabilities, damages, costs, or expenses of any kind and under any theory of law, equity,
contract, tort or otherwise which you or such third party may incur as a result of your use of the Site or
Site Materials or your participation in any Site activities, including, without limitation, your violation of a
third party intellectual property right based on your use of Site Materials or participation in Site activities.
SECTION 5: YOUR SUBMISSIONS TO SITE
5.1 Communications From You. Any communication or material you
transmit to or post on the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions, or other
information or content (collectively, “Your Submissions”), is and will be
treated by ArcadeWeb and its Related Companies as non-confidential and
non-proprietary. You hereby authorize ArcadeWeb and its Related Companies to
use, and agree that they are free to use, in each case without
compensation to you in any medium now known or later developed, (a) Your
Submissions for any purpose and in any manner, including, but not limited
to, reproduction, disclosure, transmission, publication, broadcast and
posting, and (b) any ideas, concepts, know-how or techniques contained in
Your Submissions for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products or offering services
which, in each case, use or such information.
5.2 Account Registration Information. At registration, you are
required to submit (a) an alias that will be your player name, (b) a
password, (c) your email address, and (d) such other information as
ArcadeWeb may request from time to time as indicated on the registration
page or by other notice to you. ArcadeWeb reserves the right, in its sole
discretion, to change and/or suspend/terminate offensive aliases. By
registering for an account, you agree that ArcadeWeb may publish and
display your player name and tournament records.
5.3 Information Required to Receive Prizes. In order to be awarded
prizes for tournaments you will need to submit certain personally
identifiable information (“PII”) which may include your name, picture,
voice, likeness and certain biographical information. You hereby
authorize ArcadeWeb and its Related Companies to print, publish, broadcast and
use, worldwide, in any media and at any time your name and picture so
provided, without compensation to you, for their joint or respective
promotional purposes. The term “PII” and ArcadeWeb’s rights to collect
and use your PII are explained in the ArcadeWeb Privacy Policy.
5.4 Accuracy of Your Submissions. You represent and warrant that the content in Your Submissions (a) is
complete and accurate, and (b) does not and will not infringe on the intellectual property rights of ArcadeWeb
or any third party. Knowingly submitting materially incomplete, inaccurate, or infringing content (i) may, in
ArcadeWeb's sole discretion, result in immediate termination or suspension of your account and/or your
prosecution, and (ii) will result in the forfeiture of any prizes to which you are otherwise entitled.
SECTION 6: OTHER SITE RULES FOR PARTICIPATION
6.1 Compliance with Laws; Personal Responsibility for Compliance; No
Transfer of Accounts or Rights. You are subject to all laws and
regulations of the state, province and/or country in which you reside and
from which you access the Site and you are solely responsible for obeying
those laws and regulations. You are solely responsible for your
compliance with the Terms of Use set forth in this document. You may not
allow any other person to use your account to access the Site or
participate in Site activities, or to earn or accept prizes or gifts
through your account or on your behalf. Without limiting the foregoing,
you understand that your account is not transferable to any other
person.
6.2 No Multiple Accounts; No Unauthorized Accounts. You may
establish only one account per person and per computer or address. In
order to prevent or terminate the establishment of unauthorized accounts,
ArcadeWeb reserves the right to: (a) monitor account registrations and
information, and (b) require validation of accounts, including but not
limited to, requiring that a user submit a copy of a valid
government-issued ID. If ArcadeWeb discovers that you have opened more
than one account per person, it may, in its sole discretion: (a) close
down all but one of your accounts (and shall determine which account to
leave open), and (b) suspend or terminate all of your accounts. In
addition, you will forfeit any unpaid prizes, gifts or fees which may be
then associated with any of your accounts. ArcadeWeb also reserves the
right to deny access to or terminate the accounts of any player who is
found to reside outside the U.S. or otherwise not meet the eligibility
requirements of Section 2, or of anyone who uses proxy servers and/or IP
addresses of geographical areas outside of the U.S.
6.3 User Communication Rules. Your use of any ArcadeWeb Community
Feature is subject to the following rules and restrictions (the “Rules of
Conduct”):
- Profanity, obscenities, or the use of **asterisks** or other
“masking” characters to disguise such words, is not permitted.
- Obscene, lewd, libelous, slanderous, pornographic, abusive, violent,
insulting, indecent, threatening and harassing language of any kind is
not permitted.
- Site player names will be displayed as ‘Your Name’; impersonating
other players or ArcadeWeb employees or Related Companies is not permitted.
- Opinions or comments are welcome but attacking (flaming) individuals,
companies or products is not permitted.
- Hate language or other offensive or discriminatory content is not
permitted.
- Content should be limited to communications relating to Site
Materials, including games and tournaments.
- You should not share personal information (your name, phone number,
home address) with others on the Site.
- Sharing your user name and/or password is prohibited.
- No advertising of any kind is allowed in messages or other
communications, including, without limitation, the advertising or
promotion of other companies or URLs.
- No third party copyrighted materials or any content that violates any
right of any third party, including any confidentiality, trademark,
privacy or other personal or intellectual property or proprietary rights
are allowed in messages or other communications.
- Neither ArcadeWeb nor its affiliates are responsible for any
information, material or other content you choose to post, transmit,
submit or otherwise disclose to or via ArcadeWeb Community Features.
- Advanced fonts, java, tables, html, or other programming codes or
commands are not allowed in messages.
Determination of a user’s compliance with these rules shall be made by
ArcadeWeb in its sole discretion. ArcadeWeb reserves the right, in its
sole discretion, to: (a) suspend or terminate the account of and ban from
Site participation users who violate the Rules of Conduct or who in any
way abuse the community purpose of the Site, and (b) remove any
user-submitted content for any reason. Notwithstanding the foregoing, a
failure by ArcadeWeb to impose any penalty for violations of the above
Rules of Conduct or to remove any impermissible content or transmittal
shall not be deemed a waiver of any such violation and ArcadeWeb and its Related Companies shall
have no liability to you or any third party for its failure to enforce
the Rules of Conduct in each or any instance.
6.4 Anti-SPAM Policy. ArcadeWeb vigorously opposes the practice
commonly referred to as “Spam”. ArcadeWeb will, immediately and without
prior notice, suspend or terminate the accounts of Site users who appear,
as ArcadeWeb may determine in its sole discretion, to be using the Site
to send, promote, facilitate or otherwise participate in Spamming.
ArcadeWeb defines “Spam” as:
- Electronic mail messages addressed to a recipient with whom the
initiator does not have an existing business or personal relationship or
which are not sent at the request of, or with the express consent of, the
recipient;
- Messages posted to Usenet and message boards that are off-topic
(unrelated to the topic of discussion), cross-posted to unrelated
newsgroups, or posted in excessive volume; or
- Solicitations posted to chat rooms, or to groups or individuals via
Internet Relay Chat or “Instant Messaging” system (such as ICQ).
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam
Policy, please forward all evidence of such a violation to:
. ArcadeWeb will evaluate each reported abuse incident on a case-by-case
basis and will suspend or terminate the accounts of users who appear to
have violated the terms of its Anti-Spam Policy (as determined by
ArcadeWeb in its sole discretion). Any such account suspension or
termination will also result in the immediate forfeiture by the offending
user of any unpaid prizes on account. Termination may also result in a
prohibition against any future membership by such user in the Site.
6.5 No Cheating or Site Abuse. The use of any unfair methods or
practices in connection with Site tournaments or other Site activities
(collectively “Site Abuse”) is strictly prohibited. Site Abuse shall
include, by way of example but not as an exclusive listing thereof, any:
(a) opening and/or use of multiple accounts, (b) solicitation of other
players to ask for or offer “cheats” or aids, (c) use of unauthorized or
altered software or hardware to assist play, (d) intentionally poor play
in certain games in order to achieve a broader competitive advantage
(i.e. “sandbagging”), (e) harassment of other participants, (f) use in a
tournament of automatic, macro, programmed, or similar methods, and (g)
attempt to gain unauthorized access to the Site’s systems or any account,
to damage the Site or interfere with its procedures or performance, or to
commit fraud on the Site or its participants or contributors.
6.6 Site Activity Monitoring. You understand and agree that
ArcadeWeb reserves the right to monitor all Site activity and Site
participation by users in order to (a) enforce these Terms of Use, (b)
maintain and enhance Site performance and offerings, (c) maintain and
enhance Site integrity, reputation and user experience, and (d) for other
internal business purposes of ArcadeWeb and its Related Companies. Without limiting the foregoing,
you understand and agree that by registering for an ArcadeWeb account
and/or participating in any Site activity, you are authorizing ArcadeWeb
to access your account information and review your Site participation in
order to investigate complaints against you, allegations of Site Abuse by
you, and/or Site activity conducted under your user name or account, and
to disclose information to any third party including law enforcement
agencies to protect its rights and property in response to legal process,
or in a good faith belief that disclosure is justified or required, or in
an emergency situation.
6.7 Sanctions. Any violation of any of these Terms of Use by you
or someone who has accessed your account and/or is participating in Site
activities under your name may subject you to immediate sanctions (as
determined by ArcadeWeb in its sole discretion) including the termination
or suspension of your account(s), the forfeiture or voiding of any unpaid
prizes or gifts, or prosecution for violations of law.
6.8 Upgrades. ArcadeWeb reserves the right to add at any time
additional features or functions to, or release new versions of, the
Software (any such new features, functions or versions, “Upgrades”).
Because the Software periodically communicates with the ArcadeWeb servers
in order to help us better administer the Site and your experience on
ArcadeWeb, we may deliver Upgrades automatically, or we may send you an
invitation to download an Upgrade, or we may make an Upgrade available
through other means. Although ArcadeWeb may make Upgrades available to
you, you understand and acknowledge that we have no obligation to do
so.
SECTION 7: PRIVACY POLICY
7.1 Collection of Information by Site. The Site collects both PII
and Non-Personal Information (“NPI”) such as general demographic and
other market information that does not personally identify you. Please
see the ArcadeWeb Privacy Policy for
an explanation of what PII and NPI is collected from you, how it is used
and with whom it is shared.
7.2 ArcadeWeb Emails. ArcadeWeb utilizes emails to notify you when
you win tournaments, and to let you know of special promotions, events
and policy changes. See our Privacy Policy for a
discussion of how to opt out of emails.
SECTION 8: TOURNAMENT RULES AND PROCEDURES
8.1 Odds of Winning. Your chance of winning a tournament offered
on the Site depends on the number and skill level of the other players
participating in such tournaments; precise odds of winning are therefore
unavailable. Generally only the top finisher of a Tournament will win a prize.
There is a limit of one prize per person per day.
8.2 Prizes. Prizes are generally merchandise or awards and are
sent directly to the physical address provided by the winner or to your
PayPal account, as applicable. You may request to be given an award of
cash in lieu of merchandise; however, ArcadeWeb is under no obligation to
grant such request. If ArcadeWeb elects, in its sole discretion, to offer
a cash payment in lieu of any prize won, ArcadeWeb reserves the right to
determine the exact amount of the cash offer which may be less than the
value of the prize originally offered. You may elect to accept the cash
offer, accept the original prize, or decline both and take nothing; the
decision you make must be communicated to the Site via email. If you
elect to accept the cash offer, you may be required to obtain a PayPal
account to receive the payment. If you decline both the merchandise prize
and the cash offer, you will be deemed to have waived your right to
receive either one. If a prize is not claimed within seven (7) days
following the announcement of the winner, the prize will be waived and
the winner shall have no further right to the same. If a “Limited Entry”
tournament closes prematurely for any reason, ArcadeWeb reserves the
right to modify, in its sole discretion, the type or amount of the prize
associated with such tournament, taking into account how full the
tournament was at the time it was closed and other factors.
8.3 Merchandise Prize Substitution. ArcadeWeb reserves the right
to substitute for any merchandise prize a cash equivalent (determined by
ArcadeWeb’s estimated cost to obtain the merchandise prize and not the
manufacturer’s suggested retail price or any other price) if (a) the
level of participation in a tournament is lower than anticipated by
ArcadeWeb, (b) a prize has become unavailable, (c) there are logistical
difficulties in shipping the prize, or (d) for any other business reason.
In this case, you may be required to obtain a PayPal account to receive
the cash payment. Players cannot return prizes for cash credits or
exchange prizes which have already been shipped for cash credits or other
prizes or credits.
8.4 Taxes; Delivery. Users are responsible for any income taxes
associated with their receipt of prizes from ArcadeWeb. Shipping costs
for prizes consisting of merchandise are borne by ArcadeWeb; provided,
however, if a prize is returned as undeliverable or ArcadeWeb is unable
to verify the address provided, ArcadeWeb, in its discretion, may require
the winner to pay shipment costs or void the prize and the winner shall
have no further right to same. Shipment will be F.O.B. Origin; this means
that ArcadeWeb is not liable for any damage incurred during shipping.
Most merchandise will ship (but is not guaranteed to ship) within sixty
(60) days of the date the prize is claimed by the winning player.
However, delays in delivery may occur and you understand and hereby agree
that neither ArcadeWeb nor its affiliates nor the manufacturer or vendor
of such merchandise will be liable to you for damages, expenses, costs,
or losses or any kind resulting from any such delay.
8.5 Merchandise Prize Warranties. Merchandise awarded as prizes
or gifts in connection with your participation in Site activities is
provided and delivered “AS IS”. ArcadeWeb offers no warranty of any kind
and expressly disclaims any warranty, express or implied, with respect to
any such merchandise including, without limitation, the implied
warranties of merchantability or fitness for a particular purpose, or
warranties implied through custom or trade, or warranties of genuineness
or authenticity. The only warranty associated with merchandise prizes or
gifts is the warranty, if any, supplied by the manufacturer of the
merchandise. You expressly agree to release and hereby do release
ArcadeWeb and its Related Companies from any and all damages, costs, expenses,
claims, liabilities or losses of any kind which you (or anyone claiming
through you) or any third party may incur as a result of a defect in any
merchandise which may be provided to you as a prize or gift or otherwise
in connection with your participation in Site activities.
8.6 Travel Prizes. Prizes involving travel and tourism will depart
from and return to a specified list of cities. Any player who wins such a
prize and wishes to depart from a city not on the specified list will be
required to provide his or her own transportation to one of the specified
cities. Information required to make the reservations for a travel prize,
including the names and ages of all travelers, departure city, and, if
applicable, choice of travel dates, must be provided within seven (7)
days of the initial request for such information or the prize will be
forfeited. All travel is undertaken expressly at the winner’s own
risk. ArcadeWeb and its Related Companies are not responsible for any damage, injury, expense, cost,
loss or other liability incurred by you or any third party in connection
with: (a) any travel or travel-related activities, and/or (b) any
cancellation, postponement, rescheduling or quality control issues with
respect to fulfillment by the third-party travel or tourism
providers.
8.7 Other Prize Restrictions. For prizes requiring local, state or
federal licensing or approval (e.g. a driver’s license for an
automobile), players must provide evidence of such licensing or approval
within seven (7) days of the initial request for such information or the
prize will be forfeited.
8.8 Basic Tournament Rules and Procedures. The following basic
terms apply to the operation of and participation in Site tournaments.
However, each tournament and your participation in the same is subject to
all of the Terms of Use set forth herein and the ArcadeWeb Privacy Policy, as
well as such additional terms as may be set forth on the Site.
- No fee is required to participate in a tournament.
- You may participate in as many daily tournaments as you wish but
your ability to win prizes is limited as further described below.
- Tournaments last for 24 hours; start and end times for each
tournament will be posted on the Site.
- At the end of the 24 hours, the player with the highest points
total for each tournament wins a prize.
- In the event of a tie in any tournament, the first player with the
high score will be awarded the top prize.
- Determinations of game and tournament results, point totals and
winners are made by ArcadeWeb and are not subject to appeal. By
registering with the Site and/or participating in any tournament, you
agree to be bound by these determinations and hereby waive any claim
against ArcadeWeb or its affiliates based on any such determination.
- Lists of winners will typically be posted on the Site shortly
after each tournament ends but delays may occur, including, without
limitation, where investigation and/or verification of results is taking
place in order to prevent abuse. Delays generally will be under ten (10)
business days.
- At the end of each 24-hour tournament period, all players will
have their points erased and reset at zero.
- To give more people a chance to win, there are restrictions on how
many times a prize can be awarded per household or computer address
within any given time period; the time period for tournaments will be
posted on the Site. In addition, if two (2) or more players from the same
household or computer address win on the same day, only one will be
eligible to receive the prize; the other player(s) will also appear on
the Tournament Standing Page and will not receive a prize.
- In order to claim your prize, (i) you must send a copy of your
valid government-issued photo ID (such as a driver’s license, state ID,
or passport) to
within seven (7) days of your win, (ii) you must have provided the
Site with your picture and testimonial for any previous prizes you have
received, (iii) you must call ArcadeWeb and confirm your winner
information, and (iv) your account shipping address and contact
telephone number must be accurate. You may also be required to obtain
and maintain a PayPal account to receive your prize.
- The value of each prize you win will be posted to your account
when the prize is shipped. Your year-to-date winnings will reflect the
aggregate value of the prizes you have won during the year.
SECTION 9: REWARD TOKENS AND REWARD CENTER
9.1 No Purchase or Payment Necessary To Enter or Win.
A Purchase or Payment of Any Kind Will Not Increase Your Chances of Winning.
9.2 Earning Reward Tokens. After you register at the Site and have the Software installed on your computer,
you will be able to earn and use Reward Tokens. Reward Tokens can be earned by registering with the Site,
playing games, and performing social activities (i.e. Facebook like or inviting friends).
Specific activities for which you will receive Reward Tokens, as well as the amount of Reward Tokens
that will be or have been rewarded, will be stated on the Site. The activities for which Reward Tokens
are awarded and the associated number of Reward Tokens that are awarded are subject to change at any time
at the Site’s sole discretion. The Site will display both the number of Reward Tokens that you have earned
and the number of Reward Tokens that you have available. Available Reward Tokens will decrease as you
make a new bid or add to an existing big. Reward Tokens will be removed from the total when you win an action.
If you don’t win the auction, your Reward Tokens will be made available once again when the auction closes.
9.3 Using Reward Tokens. Once Reward Tokens are earned, you can elect whether to use all,
none, or some of your Reward Tokens toward a current auction in the Site’s Reward Center.
There are multiple tiers in the Reward Center. Each tier starts with a different minimum bid amount of Reward Tokens.
If you have enough available Reward Tokens to place a minimum starting bid in more than one Tier,
you may only place a bid in the highest tier that you qualify for, based on the number of Reward Tokens you have.
Any Reward Tokens not used are maintained in your account and are available to be used in the same manner in a future auction.
The Site, at its sole discretion, may decide to allow users to use their Reward Tokens for other purposes.
9.4 Auction Winner. At the conclusion of the time period provided on the Site, the winner of each auction
will be the individual that was willing to use the most Reward Tokens to receive the listed item.
A person can only win one auction per day. If a person bids on multiple auctions in a single day and is
the person that is willing to use the most Reward Tokens in more than one auction, the person will only
win the auction in which they bid the highest amount of Reward Tokens. A person is not able to win an
auction the same day they win a tournament. The Site’s decisions are final and binding.
The item will be electronically shipped to the highest bidder using the contact details the Site has on
file for the individual. After you have won an auction, the amount of Reward Tokens that won you the auction
will be automatically deduced from your account.
9.5 Limitations. There will be a daily limit on the amount of Reward Tokens that you can earn regardless
of method of earning Reward Tokens. There is also a daily limit of Reward Tokens that can be earned on a single computer.
Once you have reached the daily limit (either per account or per computer), the Site will inform you that you have
reached the daily limit. Multiple participants are not permitted to share the same email address.
Any attempt by any participant to obtain more than the stated number of Reward Tokens by using multiple/different email addresses,
identities, registrations and logins, or any other methods will void that participant’s plays and that participant
may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
Reward Tokens may not be shared or transferred to other users. Reward Tokens may not sold or traded.
If a user does not have any Reward Token activity for three (3) consecutive months, the user will automatically lose all of his or her Reward Tokens.
Reward Tokens have no cash value.
9.6 Verification. Potential auction winners are subject to verification by the Site whose decisions are
final and binding.
9.7 Modification / Termination. The Site reserves the right to modify the Reward Tokens at anytime.
Additionally the Site may terminate use of such Reward Tokens at anytime without prior notice.
SECTION 10: TERMINATION; SUSPENSION OF ACCOUNTS
We reserve the right to terminate or suspend your account, limit
or prohibit your participation in any game, tournament or tournament
type, modify your rank or point totals, or terminate, suspend or limit
your participation in any Site activity, for any reason in our sole
discretion, including but not limited to any Site Abuse (See Section
6.5), violation of any of the terms of these Terms of Use,
or as ArcadeWeb may, in its sole discretion, decide is advisable or
necessary to maintain the integrity of the Site and its operations.
SECTION 11: NO WARRANTY; LIMITATION ON LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE, THE SITE MATERIALS, AND THE SOFTWARE ARE AT YOUR OWN RISK. THE SITE,
THE SITE MATERIALS, AND THE SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT ARCADEWEB DOES NOT WARRANT OR REPRESENT: (A) THAT THE SITE,
THE SITE MATERIALS, OR THE SOFTWARE WILL OPERATE CORRECTLY OR ERROR-FREE OR WITHOUT INTERRUPTION, (B) THAT THE SITE,
THE SOFTWARE OR SITE MATERIALS ARE ACCURATE, COMPLETE, FREE FROM VIRUSES OR FREE FROM INFRINGEMENT,
OR (C) THAT YOUR USE OF THE SITE, THE SOFTWARE OR SITE MATERIALS OR YOUR PARTICIPATION IN SITE ACTIVITIES WILL NOT
INFRINGE ON THE RIGHTS OF THIRD PARTIES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, MEMBERS, AGENTS,
SUBSIDIARIES OR AFFILIATES, OR OUR PARENT COMPANY AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, MEMBERS, AGENTS,
SUBSIDIARIES OR AFFILIATES (COLLECTIVELY, “RELATED COMPANIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY,
STRICT LIABILITY OR ANY OTHER THEORY, WHICH YOU OR SUCH THIRD PARTY MAY INCUR AS A RESULT OF OR ARISING FROM YOUR USE OR
INABILITY TO USE THE SITE OR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, YOUR VIOLATION OF ANY THIRD PARTY
INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF THE SITE MATERIALS, OR PARTICIPATION IN SITE ACTIVITIES, DAMAGES TO USERS’
SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR
COMMUNICATION FAILURES OR SECURITY BREACHES, ERRORS IN CALCULATING GAME AND TOURNAMENT SCORES AND WINNERS,
PRIZE SUBSTITUTIONS OR OTHER TOURNAMENT RELATED ERRORS.
Without limiting the foregoing, you understand and agree that neither
ArcadeWeb nor its Related Companies are responsible for any damage, loss, or
injury resulting from hacking, tampering, or other unauthorized access or
use of the Site or your account.
SECTION 12: INDEMNIFICATION
By registering and/or participating in any Site activity, you hereby
agree to indemnify, defend, and hold ArcadeWeb and the employees,
officers, directors, members, agents, content providers, licensors,
licensees, distributors, and agents of ArcadeWeb and its Related Companies
harmless from and against any and all losses, damages, liabilities and
costs (including, without limitation, settlement costs and any legal or
other fees and expenses for investigating or defending any actions or
threatened actions) incurred by such parties in connection with or
arising directly or indirectly from your use of the Site, whether or not
in compliance with these Terms of Use.
SECTION 13: MISCELLANEOUS PROVISIONS
13.1 Changes to Site. You understand that ArcadeWeb reserves the right to change the content of the Site
at any time, including adding, deleting or modifying games, and you agree that ArcadeWeb and its Related Companies
shall have no liability to you or anyone claiming through you as a result of implementing Site changes.
13.2 Termination of Account/ Uninstall. Members of the Site who are unwilling to accept or comply with
any provision of these Terms of Use must immediately terminate their accounts with Arcadeweb.com. Accounts may
be terminated by going to here. To Uninstall the software,
go to http://www.arcadeweb.com/uninstall.php.
ArcadeWeb reserves the right to terminate the account of any Site member who violates its policies and rules.
13.3 Dispute Resolution by Binding Arbitration and Choice of Law.
Resolution Of Claims or Disputes. ArcadeWeb hopes to make you a happy user and most user concerns can be
resolved quickly and to the customer's satisfaction by contacting us. If, however, there is an issue that needs
to be resolved, this section describes how both of us will proceed. Any claim or dispute between you and
ArcadeWeb (or any of ArcadeWeb's Related Companies) arising out of or relating in any way to this Terms of Use
shall be resolved through final, binding arbitration. This obligation applies regardless of whether the claim
or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence,
violation of a statute, or any other legal theory. Included are all claims arising out of or relating to any
aspect of our relationship; claims that may arise after the termination of this Terms of Use; and claims related
to direct marketing efforts.
We each agree that each of us may bring claims against the other only in an individual capacity and not in a
class action or representative proceeding. All arbitrations under this Terms of Use shall be conducted on an
individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief.
You acknowledge and agree that this Terms of Use specifically prohibits you from commencing arbitration
proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written
Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief
sought. All Notices to the ArcadeWeb shall be sent to ArcadeWeb at the address listed below. Upon receipt of
such Notice, the other party shall have a thirty-day (30) period in which it may satisfy the claim against it
by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of
such thirty-day cure period, you or the ArcadeWeb may commence an arbitration proceeding. The arbitration of
any claim or dispute under this Terms of Use shall be conducted pursuant to the American Arbitration
Association's (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary
Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by
visiting its web site at www.adr.org. The arbitration of any claim or dispute under this Terms of Use shall be
conducted exclusively in Orange County, California. You acknowledge and agree that each party shall pay the
fees and costs of its own counsel, experts and witnesses.
Choice of Law. This Terms of Use is governed by the laws of the State of California, irrespective of any
principles of conflicts of law
13.4 Entire Agreement; Construction. These Terms of Use, including the terms of the ArcadeWeb Privacy Policy
which is incorporated by reference herein, and other rules and provisions detailed in writing on the Site,
constitute the entire agreement between you and ArcadeWeb and can only be modified by ArcadeWeb. To be clear,
these Terms of Use cannot be modified by you or any other individual, whether or not such individual claims
affiliation with ArcadeWeb. If any provision in these Terms of Use is deemed void or unenforceable, then that
provision shall be deemed severed from the other provisions which shall not be affected by such severance and
shall continue in full force and effect.
QUESTIONS AND CONCERNS
If you have any questions or concerns about this Policy or its implementation, please email us at
. For general questions about the Site, please
email us at .
Alternatively, you may call our Customer Service number at 1-877-406-4693 or write us at: ArcadeWeb LLC,
3419 Via Lido #261, Newport Beach, CA 92663, Attn: Legal Department.
Effective Date: October 19, 2010
Last Updated: May 15, 2013
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