SECTION 1: GENERAL INFORMATION; ACCEPTANCE OF TERMS
You may have the option to opt-out of receiving certain Third Party Content. To opt-out of certain Third Party Content, click the applicable link contained in the placement of such Third Party Content and follow the disabling instructions. When you opt-out, the Software will place a cookie in your browser so that you will stop receiving that particular Third Party Content. If you delete or refresh cookies, that certain Third Party Content will be automatically re-activated.
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. If you would like to permanently stop receiving all Third Party Content, please uninstall the Software. The directions for uninstalling the Software are set forth below in Section 13.2, entitled “Termination of Account/Uninstall.”
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.
4.4 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.
5.4 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
6.2 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 affiliates 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.
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.
- 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
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
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.
13.3 Dispute Resolution by Binding Arbitration. Many user concerns can be resolved quickly and to the user's satisfaction by contacting us at the email address below or on the “Contact Us” page on the Site. If, however, there is an issue that needs to be resolved, this Section 13.3 describes how both of us will proceed.
A party who intends to proceed with a claim or dispute must first send to the other a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to ArcadeWeb shall be sent via email to and by United States mail to: ArcadeWeb, 3419 Via Lido #261, Newport Beach, CA 92663, Attn: Legal Department. ArcadeWeb will send notice to you via email to the email address we have on file for you, if any, or otherwise via a reasonable method. 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 (30) cure period, you or ArcadeWeb may commence an arbitration proceeding if the claim has not been fully satisfied.
If any aspect or portion of this Section 13.3 is found to be illegal or unenforceable, that aspect or portion will be severed with the remainder of Section 13.3 remaining in full force and effect.
13.4 Jurisdiction and Venue. You and ArcadeWeb agree that, as provided in Section 13.3, disputes shall be resolved by binding arbitration. You and ArcadeWeb also agree that if you or ArcadeWeb should nonetheless file a lawsuit against the other or ArcadeWeb’s Related Companies, and regardless of the validity of the suit or whether it can be maintained or is prohibited by Section 13.3, the sole and exclusive forum, jurisdiction, and venue for such lawsuit shall be in courts of competent jurisdiction located in Orange County, California, and you hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue.
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: February 24, 2014