This End User License Agreement (the “EULA”)is a binding agreement between you (”End User” or “you” or “Authorized User”) and Arcade Solutions Inc. (“Arcade”). This EULA govern your use of Arcade’s website https://www.arcade.co and all subdomains, including but not limited to manage.arcadehub.co, App.ArcadeHub.co, PlayArcade.co, Blackboard.ArcadeHub.co, Live.ArcadeHub.co and Signup.Arcade.co (the “Site”)and its incentive plan structure to motivate Arcade’s customers (each a “Customer”)personnel to earn prizes and more through the Site (together with the Site, the“Services”). The Services are licensed, not sold, to you. Certain customers or other users of the Services may be subject to separate written terms for use of the Service between such person, entity, or otherwise andArcade, provided that no such terms shall apply separate from this EULA unless signed by all applicable parties thereto.
1. License Grant. Subject to this EULA, Arcade grants you a limited, non-exclusive, and nontransferable license to use the website for your personal, non-commercial use on devices owned or otherwise controlled by you (“Device(s)”)and to use the Services strictly in accordance with this EULA. Your permitted use of the Services may be suspended or terminated if your employer, or entity which you use our Service through, no longer has an active Customer agreement with us. Those permitted to use our Service are our Customers, through a separate executed agreement between Arcade and the applicable Customer, our AuthorizedUsers, and our Third-Party Customers and Third-Party Authorized Users (via ourCustomer Strategic Account Plan). As a user of our Service, you agree to this EULA.
Additionally, Arcade reserves the right to modify, suspend, or discontinue the Services, whether temporarily or permanently at any time for any reason, including but not limited to is you violate this EULA or our Customer does not pay its fees for your authorized use of the Service. You agree that Arcade shall not be liable to you for any modification, suspension, or discontinuation of theServices. Some modifications may require updates to Site in order to continue to use the Services. Arcade may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate users without notice or liability.
3. Communications. You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.
4. Arcade Account. You may access the Site without registering for an account, but as a condition of using certain aspects of the Services, including managing your prizes, earnings or Tokens through the Site, you are required to create an Arcade account (an “Account”). You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to Arcade immediately. You agree that you are responsible for anything that happens through your Account until you close yourAccount or prove that your Account security was compromised due to no fault of your own. Arcade cannot and will not be liable for any loss or damage arising from your failure to comply with this section. (a) To access our Service, we will create an Account for you that will be associated with a unique ID or user access account. We will issue you with a unique username and password issued or otherwise assigned by Arcade to you for access to and use of the Service (“UserIdentifications”). You are solely responsible for your User Identifications and for ensuring the security and confidentiality of your User Identifications.Unless explicitly permitted by our Service, only one Account may be created perUser Identification. You are responsible for providing, installing and maintaining at your own expense, including data charges associated with your use of Devices, all equipment and facilities necessary to enable you to use ourService.
5. Payment. While we may offer portions of the Services for free, we do charge for certain features of theServices, including, without limitation, allowing your ability to cash out tokens, prizes, or other items of value on our Service. Our Customers, either through a Master Subscription Services Agreement, or as part of our StrategicAccount Plan, shall be responsible for payment to allow you to use the Service through the Site by executing a separate written agreement with us. For the avoidance of doubt, whether any payment is paid by your or our Customers, all payments are final and non-refundable. Arcade, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.
Arcade will charge, and you authorize Arcade to charge, the payment method you specify at the time of purchase if you ever purchase anything on our Site or through use of ourService. If you pay any amounts with a credit card, Arcade may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.Arcade reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time, subject to the terms of any separate agreements between Arcade and its Customers. Regardless of the cause, Arcade reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.
6. License Restrictions.
You shall not:
(a) use the Services in any way to monitor or evaluate the availability, performance or functionality of theServices for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;
(b) use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
(c) copy any portion of theServices, except as expressly permitted by this license;
(d) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
(e) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
(f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
(g) rent, lease, lend, sell, sublicense otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
(h) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
(i) directly or indirectly take any action that imposes or may impose (as determined by Arcade in its sole discretion) an unreasonable or disproportionately large load on Arcade or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run Mail list, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services; or
(j) create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account.
If for any reason, Arcade determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating this EULA, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
7. Reservation of Rights. You acknowledge and agree that the Services, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this EULA, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. Arcade, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.
8. Content and User Content Through the Services, or via other users or Arcade, you may be given access to or exposed to any form of information, including text, voice, pictures, animations, video, sound recordings, software, separately or combined, sent and received across a network (collectively, “Content”), including but not limited to videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works. You have no rights in or to the Content other than as permitted herein to use or access the Services.
You retain your rights to any Content you submit, post or display on or through the Services (“User Content”). Arcade does not receive any rights to the User Content except for the limited rights that enable Arcade to offer its Services. Arcade requires your permission to host, back up, and share User Content. You hereby give Arcade permission to do these activities, and this permission extends to our affiliates and trusted third parties with which Arcade works.
10. Geographic Restrictions. The Services are based in the United States and intended to be provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the UnitedStates and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
11. Updates. Arcade may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”).Updates may also modify or delete in their entirety certain features and functionality. You agree that Arcade has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.You agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of this EULA.
12. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-PartyMaterials”). You acknowledge and agree that Arcade is not responsible forThird-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Arcade does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-PartyMaterials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
13. Term and Termination. The term of this EULA commences when you acknowledge your acceptance and will continue in effect until terminated by you or Arcade as set forth in this section. You may cancel your Account at any time through your Account settings, provided, however, that if you cancel your Account, you agree that you have used all tokens, prizes, or earnings you wish to cash out on the Site. We may suspend or cancel your Account without notice to you for any reason or no reason at all, including but not limited to if you violate this EULA, you create risk or possible legal exposure for us, your Account should be removed due to unlawful conduct, our provision of the Services to you is no longer commercially viable, or if your are an Authorized User or Third-Party Customer of a Customer of ours that no longer has a viable agreement with us. Arcade, at its reasonable discretion, will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your documents for files from our Services. If after such notice you fail to take the steps we ask of you, Arcade reserves the right to remove your Account information along with any Account settings from our servers and any saved up prizes or tokens you have on your Account with NO liability or further notice to you after the termination date. Upon termination of your Account. your license to use Arcade’s Services terminates.
14. Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TOTHE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ARCADE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ANDNON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING,COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THEFORE GOING, ARCADE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE,APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OFOR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL ARCADE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATALOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL,INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS($100.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, ARCADE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16. Indemnification. You agree to indemnify, defend, and hold harmless Arcade and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of this EULA.
17. Severability. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
18. US Government Rights. The Services are a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
21. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power here under shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other agreement, this EULA shall govern.
22. Contact. If you have any questions regarding this EULA, please contact us at firstname.lastname@example.org.
23. Third-Party Attribution
Parts of our chat application are dependent on the Giphy API.
Last Update: July 28, 2023