1. Introduction
Welcome to RetroArcadeClubs.com. These Terms of Use govern your access to and use of RetroArcadeClubs.com, including any content, functionality, and services offered on or through RetroArcadeClubs.com (the "Website").
RetroArcadeClubs.com is owned and operated by RetroArcade Media Ltd, a company registered in the United Kingdom with company number 12345678 and registered office at 42 Pixel Lane, Manchester, M4 5BG, United Kingdom.
2. Acceptance of Terms
By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these terms, you must not use our Website.
We recommend that you print a copy of these terms for future reference.
3. Changes to Terms
We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
We will make reasonable efforts to notify users of any significant changes to these Terms, but it is your responsibility to review these Terms periodically.
4. Access and Use
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
You agree not to:
- Use our Website in any way that breaches any applicable local, national or international law or regulation
- Use our Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- Use our Website to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material
- Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
- Attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website
- Attack our Website via a denial-of-service attack or a distributed denial-of service attack
5. User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
6. User Content
Our Website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through our Website, including its legality, reliability, and appropriateness.
By posting User Content on or through our Website, you represent and warrant that:
- The User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms
- The posting of your User Content on or through our Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person
We reserve the right to remove any User Content from our Website at our sole discretion, without prior notice and without liability.
7. Intellectual Property
Our Website and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of RetroArcade Media Ltd and its licensors. Our Website is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of RetroArcade Media Ltd.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors.
8. Disclaimers
Your use of our Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
RetroArcade Media Ltd, its subsidiaries, affiliates, and its licensors do not warrant that:
- The Website will function uninterrupted, secure or available at any particular time or location
- Any errors or defects will be corrected
- The Website is free of viruses or other harmful components
- The results of using the Website will meet your requirements
9. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall RetroArcade Media Ltd, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Website
- Any conduct or content of any third party on the Website
- Any content obtained from the Website
- Unauthorized access, use or alteration of your transmissions or content
Whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10. Indemnification
You agree to defend, indemnify and hold harmless RetroArcade Media Ltd, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers and licensors, from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
- Your access to or use of the Website
- Your violation of these Terms of Use
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right
- Any claim that your User Content caused damage to a third party
11. Termination
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Website, or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
