Terms and Conditions
Effective date: July 21, 2019
These Terms and Conditions outline the rules and regulations for the use of the My Place Arcade website.
By accessing this website, we assume you accept these Terms and Conditions in full. Do not continue to use the My Place Arcade website if you do not accept all of the Terms and Conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and any or all Agreements: "Client," "You," and "your" refers to you, the person accessing this website and accepting these Terms and Conditions. "Myself," "Me," "My," "Mine," "Our," and "We," refers to the My Place Arcade website. "Party," "Parties," or "Us," refers to both the Client and me, or either the Client or me. Additionally, "My Place Arcade," "website," "services," "www.myplacearcade.com," "servers," or "networks" refer to the My Place Arcade website. Any use of the above terminology or other words in the singular, plural, capitalisation, he/she or they, are taken as interchangeable and therefore as referring to same.
Intellectual Property Rights
My Place Arcade is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, technical documents, manuals, written, and other materials that appear on the Website (collectively the "Contents") are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled, or licensed by their respective owner.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact us and verify the legality of reselling such products prior to doing so. Designs created using tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. We retain the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, we have the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability, or national origin, containing explicit sexual content or is otherwise inappropriate for our production.
You agree to not use our Website or Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any third party.
Unless otherwise stated, My Place Arcade does not own any material that is trademarked or copyrighted whereinthat is discussed, printed, reviewed, or displayed on My Place Arcade other than the actual "My Place Arcade" Logos and the actual website information that has been created that refers to My Place Arcade. The intellectual property rights of "My Place Arcade" are reserved. You may view and/or print pages from https://www.myplacearcade.com for your own personal use subject to restrictions set forth by the trademark and/or copyright owner's Terms and Conditions.
You may not:
- Republish material from https://www.myplacearcade.com without written permission by the copyright owner.
- Sell, rent, or sub-license material from https://www.myplacearcade.com without written permission by the copyright owner.
- Reproduce, duplicate, or copy material from https://www.myplacearcade.com without written permission by the copyright owner.
- Redistribute content from My Place Arcade (unless content is specifically made for redistribution) without written permission by the copyright owner.
Hyperlinking to My Place Arcade Content
- The following organizations may link to the My Place Arcade website without prior written approval:
- Government agencies;
- Search engines;
- Administrators and/or moderators for the Killer List of Videogames (KLOV);
- Administrators and/or moderators for Video Arcade Preservation Society (VAPS);
- Other Arcade Enthusiasts/Collectors may link to the My Place Arcade website for the sole purposes of information/entertainment only.
- These organizations may link to the My Place Arcade home page, to publications, or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
- We may consider and approve, at our sole discretion, other link requests from the following types of organizations:
- Commonly-known consumer and/or business information such as Chambers of Commerce;
- Dot.com community sites;
- Associations or other groups representing charities, including charity giving sites;
- Online directory distributors;
- Internet portals;
- Educational institutions and trade associations.
We may approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited website (for example, trade associations or other organizations representing inherently suspect types of buisnesses, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of My Place Arcade; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to the home page, to publications, or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to the My Place Arcade website, you must notify us by sending an e-mail asking permission. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to the My Place Arcade website, and a list of the URL(s) on the My Place Arcade site to which you would like to link. Allow up to 30 days for a response.
Approved organizations may hyperlink to the My Place Arcade website as follows:
- By use of the My Place Arcade corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of the My Place Arcade website or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of My Place Arcade’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around My Place Arcade web pages or use other techniques that alter in any way the visual presentation or appearance of the My Place Arcade website.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to the My Place Arcade website. You agree to immediately remove all links to the My Place Arcade website upon such request. We also reserve the right to amend these Terms and Conditions and its linking policy at any time. By continuing to link to the My Place Arcade website, you agree to be bound to and abide by these linking Terms and Conditions.
Certain content, products, and services available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If you find any link on the My Place Arcade website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information/entertainment only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Restrictions on Use
You must not use the Content, Website, or information in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Website without My Place Arcade's express written consent. You must not use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing without My Place Arcade's express written consent.
If you violate any of the restrictions set forth in these Terms and Conditions, or if you perform any illegal activity as described in these Terms and Conditions, you agree to pay the owner(s) of My Place Arcade $10,000 US Dollars for each violation and instance you perform. Additionally, We will 100% comply with any local, state, or federal law enforcement agency by providing any necessary information we have regarding your illegal or unlawful activity to aid in your conviction or fine.
You agree not to use any website with My Place Arcade's trademarks or logos, including but not limited to Facebook, Twitter, Instagram, Pinterest, blogs, or other social media site, or this Website to: (a) violate any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other Website visitors or registered users; (d) impersonate any person, or otherwise misrepresent your identity; (e) interfere with, disrupt or violate these Terms and Conditions and operating rules of the My Place Arcade website or servers or networks connected to the My Place Arcade; or disobey any requirements, procedures, policies, or regulations of such networks; (f) interfere with another Website visitor’s or registered user’s use of My Place Arcade; (g) attempt to gain unauthorized access to My Place Arcade, or to other accounts, computer systems, or networks connected to the My Place Arcade website; (h) transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; (i) use the My Place Arcade website to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; (j) resell, barter, trade, auction, or otherwise generate income by providing access to the My Place Arcade website to others; (k) exploit bugs, coding or scripting error to achieve a task, participate in or rig a contest, sweepstakes or other activity.
You may not upload, post, email, transmit, or otherwise make available any User Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
You agree to indemnify, defend, and hold harmless My Place Arcade, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The material published on this website is intended for general information and/or entertainment purposes only and is not legal advice or other professional advice. Any opinions expressed in this material do not necessarily represent the views of My Place Arcade. While care and consideration has been taken in the creation of the material on this website, we do not warrant, represent, or guarantee that the material published on this website is in all respects accurate, complete, and current. To the extent permitted by law, we exclude any liability, including any liability for negligence, for any loss or damage arising from reliance on material on this website.
In addition, the information contained within the website My Place Arcade is presented for the sole purpose of entertainment only. There are test procedues, electronic instructions, and troubleshooting procedures contained in this website that are dangerous and should only be attempted by trained professionals. By performing any actions, repair procedures, troubleshooting, or tests described at My Place Arcade, you agree to not hold the owners of My Place Arcade liable for ANY harm, injury, damage to property, or personal injury (both physical or mental). You view this website for entertainment purposes only and should not try any of these procedures without the strict supervision of certified professionals.
Each party agrees to indemnify, defend, and hold harmless the other and its officers, directors, employees, Affiliates and Representatives (collectively, the Indemnified Parties) from any and all Losses arising from or in connection with any damage, loss (including theft), or destruction of any real property or tangible personal property of the indemnified party or personal injury resulting from the actions or inactions of any employee or Representative of the indemnifying party insofar as such damage arises out of or in the course of fulfilling its obligations under this Agreement and to the extent such damage is due to any negligence, breach of statutory duty, omission or default of the indemnifying party, its employees or Representatives.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to the My Place Arcade website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss, injury, or damage of any nature.