Conditions d'utilisation

THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OUR WEBSITE AND SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE AND OUR SERVICES. BY ACCESSING OR USING THIS WEBSITE OR DOWNLOADING OR USING ANY GAMES, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE GAMES.


THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS, WHERE PERMITTED BY APPLICABLE LAW.

Depending on where you reside or acquire goods or services, you may Be entitled to warranties, statutory guarantees or other rights under applicable local laws that cannot be excluded, limited, waived, Disclaimed or modified (“Non-excludable rights”). Nothing in this Agreement is intended to have or has the effect of excluding, limiting, waiving, disclaiming or modifying any such rights under those local laws.

This document contains the terms and conditions (“Terms” or “Agreement”) for governing your access to, and use of, the Arc Games websites located at www.arcgames.com, www.torchlight1.com, www.torchlight2.com, www.torchlight3.com, www.haveanicedeath.com, www.hyperlightbreaker.com, www.iplayufogame.com, www.playstartrekonline.com, www.playneverwinter.com, www.playchampionsonline.com, www.playpwi.com, www.gogigantic.com, and www.remnantgame.com (or any subsequent URL which may replace them), and all officially associated micro-sites, mobile sites, subdomains, directories and subdirectories of such sites (collectively, the “Website”), any games and game platforms, clients software, downloaded software or servers operated by Arc Games through the Website or otherwise supported by Arc Games on the Website (each, the “Game”, and collectively, the “Games”), and all features, functions, software and services offered through this Website. The Website, the Games and the features, functions, software and services offered through this Website collectively constitute the “Service.”

1.Legal Agreement

1.1 These Terms constitute a binding legal agreement between you and Arc Games Inc., a California corporation doing business at 100 Redwood Shore Parkway, 2nd Floor, Redwood City, CA 94065 (“Arc Games”).

1.2 In this Agreement, the terms “we/us/our” means Arc Games Inc. “You/your” means you as a user of the Service.

1.3 The Terms described herein apply to you if you visit our Website, use our Service and use the Games. Before using the Service or any part of the Service, you must review and agree to these Terms.

1.4 Your using the Service shall constitute your agreement to accept and be bound by the terms and conditions described in these Terms, and your agreement to comply with any rules of conduct posted on the Website or otherwise provided to you by Arc Games, if any (the “Rules of Conduct”) applicable to our Game software or other software that we may provide in connection with the Service. All user identities created on the Website are governed by these Terms. This includes, but is not limited to, proper in-game and out-of-game conduct relating to the Game.

1.5 If you do not agree with any of the Terms, you must not access or otherwise use the Service.

1.6 You hereby represent that you have the legal capacity (please see Section 4.2 for minimum age requirements) to enter into this Agreement and you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.

1.7 You understand and agree that the Service may include service announcements and administrative messages and you may not have the right to opt out of receiving them.

1.8 This Agreement is in addition to, and does not in any way replace or supplant any additional terms and conditions that may apply when you use or purchase certain other Arc Games products, services, affiliate services, third-party content or third-party software. In the event the content of this Agreement is contrary to one or more provisions of any other specific agreement or terms or conditions, the provision(s) of the specific agreement, terms or conditions shall prevail.

2.Changes to Terms, Games and Services

2.1 We may amend these Terms and the Rules of Conduct at any time (to the extent permitted by applicable law). If we do so, we will let you know by updating this page, posting the modified Terms and/or Rules of Conduct on the Website and/or wherever the Game(s) may be downloaded, and/or through other communications such as by email or pop-up notification. If you don't agree to be bound by the modified Terms, then you must not continue to use the Game(s) or Service. If you continue to use the Game(s) or Service after the change to Terms and/or Rules of Conduct this will constitute your agreement to the updated Terms and/or the Rules of Conduct. If you do not agree to the updated Terms and/or the Rules of Conduct, you may terminate your Account in accordance with these Terms.

2.2 Because the Games are evolving over time, we may (and where applicable, provide reasonable prior notice) change or discontinue all or any part of a Game, at any time, in our sole discretion, subject to any applicable law (including any Non-Excludable Rights). Subject to any applicable law (including any Non-Excludable Rights), we are not obligated to refund all or any fees, charges, credits or Zen in case of change or discontinuance of a Game under this Section.

3.Description

3.1 Arc Games provides and supports Games, including free-to-play, multi-player online Games, to registered users and related features, functions and services available through the Website, such as community forums and other interactive areas. To access our Games, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience).

3.2 You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues, subject to any Non-Excludable Rights. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.

4.Account

4.1 You may be required to create an account (“Account”) to access our Service and to use certain features and functions of our Service.

4.2 To enter into the contract created by these Terms in order to be able to use our Services, you must be of the legal age of majority in your country or state of residence. By creating an Account, you hereby represent that you have reached the legal age of majority in your jurisdiction. You are legally and financially responsible for all actions using or accessing the Service, including the actions of anyone you allow to access your account. 

If you are under the legal age of majority in your jurisdiction, your parent or legal guardian must read and accept these terms, your use of the Service, participating in the Service, and providing any personal information in connection with the Service on your behalf. If you are the parent or legal guardian of a minor who is a user of our Website, Games and/or Service and you have questions about the Terms, please contact us at tos@arcgames.com. As the parent or legal guardian of a minor, you assume all risks and liabilities associated with that minor's use of the Account.

4.3 Notwithstanding the above, subject to applicable laws in certain jurisdictions, certain portions of our Service may contain mature content not suitable for all age groups and therefore subject to certain age requirements (“Mature Content”). We will require that you confirm your age to access Mature Content. By accessing Mature Content, you represent that you satisfy the age requirements set forth in the relevant portions of the Service. We shall not be responsible in any way for your misrepresenting your age in violation of the terms hereunder. Some content and services are subject to age verifications. To access age-restricted content or services, we may ask to confirm your date of birth or otherwise verify your age and location.

4.4 When creating an Account and a user identity, including uploading a profile picture, (collectively, “User ID”) you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the “Account Information”) and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.

4.5 You, as creator of your Account and User ID, are solely responsible for your User ID and the profile picture uploaded in your User ID profile. We will not tolerate offensive or obscene User IDs. If a User ID violates any part of these Terms or the Rules of Conduct, we may immediately, temporarily, or permanently ban such a User ID, remove or disable access to the relevant pictures, words or phrases, provided, that, we will provide prior notice where practicable. Removal or disabling of access to such User IDs shall be at our sole discretion.

4.6 Your Account may only be used by you. You may not sell, transfer or assign your Account or its contractual rights, licenses and obligations, to any third party (including, for the avoidance of doubt, permitting another individual to access your Account) without the prior written consent of Arc Games. We are not responsible for any misuse of your Account or your User ID. You agree to accept all risks of misuse of and unauthorized access to your Account or your User ID and to hold us and our affiliates harmless from and against any costs, expenses (including without limitation reasonable attorneys’ fees, expenses, and court costs), liabilities, damages, claims, suits, actions and causes of actions whatsoever (except to the extent caused or contributed to by us) arising from the misuse of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.

4.7 Please note that you are responsible for maintaining the confidentiality and security of your Account, User ID and password at all times, and you agree to notify us promptly if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account, and we are not responsible for any misuse of your account, including without limitation in the event that your password is stolen or revealed by you to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to the Service known to you. We provide you with the ability to change your password in order to safeguard your Account.

4.8 You may terminate your Account at any time by contacting our Customer Service Team at tos@arcgames.com. If you terminate your Account, you may be liable for accrued fees, charges and costs in accordance with Section 20.3, and may not be entitled to refunds as further detailed in Section 20.4.

4.9 We may restrict, suspend or terminate your Account and access to the Service, or indefinitely restrict, suspend or discontinue your access to or, or use of, certain content, offerings, features, products and services, if you violate this Agreement, the Terms, Rules of Conduct, or if we have a reasonable belief such a violation has occurred or will occur, or as otherwise may be reasonably necessary to protect our users, our partners, our platform, or other Arc Games interests to the full extent permissible under applicable law. Where practicable we will first provide prior notice(s), including issuing prior warnings where appropriate. If we terminate your Account, you may not be entitled to refunds as further detailed in Section 20.4.

4.10 Termination of your Account also entails the termination of the license to use the Service and Proprietary Materials (defined below), or any part thereof.

5. Arc Games’s Proprietary Rights

5.1 The Website, the Games, and the Service and all Intellectual Property Rights (defined below) therein, including any and all modifications, adaptations and derivative works therefrom, are the property of Arc Games or Arc Games’s licensors, which are protected by U.S. and international law including but not limited to copyright laws. All current and future rights, interests and title in and to the Website, the Games, and the Service, all features and content thereof, including without limitation any user accounts, titles, computer code (source code, object code and preparatory design materials), files, game software, client and server software, tools, patches, updates, themes, objects, characters, character names, stories, storylines, objects, content, text, knowhow, dialogue, catch phrases, themes, locations, concepts, artwork, designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-visual effects, information, data, documentation, “applets”, chat transcripts, character profile information, game play, recordings, in game items, in game activities, and Zen, artwork and compositions created by Artificial Intelligence (“AI created works”), and the selection and arrangement thereof, including all Intellectual Property Rights therein, (collectively the “Proprietary Materials”) are the proprietary property of Arc Games or its licensors and are protected by U.S. and international copyright and other proprietary rights laws. Arc Games and its licensors own all right, title and interest in and to the Website, Service, Proprietary Materials, AI created works, and Games, including all Intellectual Property Rights therein.

5.2 “Intellectual Property Rights” means and includes, without limitation, copyright and related rights (including producers’ rights), patents, trademarks, logos, domain names, moral rights, trade secrets, database rights, publicity rights, and all other intellectual property rights and intangible legal rights or interests recognized in any country or jurisdiction in the world, and including without limitation: (a) any concept, computer program, content, customer data, customer list, data, design, development, discovery, documentation, drawing, improvement, information, list, manual, mask work, material, model, note, object code, plan, procedure, product, prototype, report, schematic, software, source code, and specification, (b) works, works of authorship, and moral rights, including without limitation, any right to claim authorship of a work, any right to object to any distortion or other modification of a work, and any similar right, existing under the law of any country in the world, or under any treaty, (c) inventions, invention disclosures, know how, letters patent, means, methods, patents, provisional patent applications, provisional patents, techniques, and all foreign counterparts and foreign equivalents of same, and any and all divisions, continuations, continuations-in-part, revisions, renewals, reissues, extensions, and like of the foregoing, (d) service marks, trademarks, trademark applications, trade dress, and trade names, (e) trade secrets, with such term “trade secrets” being given the broadest possible definition, interpretation or meaning, and (f) any other similar rights, in each case, existing under the law of any country in the world, or under any treaty, all on a worldwide basis.

5.3 All trademarks, service marks, trade names, logos, domain names, and any other features of the Arc Games brand, the Website, the Games and the Service (“Arc Games Brand Features”) are the sole property of Arc Games or its licensors. You are not granted any rights to use any Arc Games Brand Features for commercial or non-commercial use.

6. License Granted to You

6.1 Subject to these Terms and your compliance with any Rules of Conduct, we grant to you, for your non-commercial and personal use only, a limited, non-exclusive, revocable, non-transferable and non-sublicensable right to access and use the Website, the Service, the Games and the Proprietary Materials for the duration of the Agreement.

To the extent that downloaded software or client software are licensed as part of the Service, we grant to you, for your non-commercial and personal use only, a limited, non-exclusive, revocable, non-transferable and non-sublicensable permission to install and use the downloaded software or client software, in object code form only, on one or more personal computing devices under your control solely to access and use the Service for your own personal, noncommercial entertainment use. Any such software is licensed and not sold.

Such permission remains in effect until and unless terminated by you or Arc Games. You promise and agree that you are using the Website, the Service, the Games and Proprietary Materials for your own personal, non-commercial use and that you will not engage in any conduct prohibited in these Terms and/or the Rules of Conduct. Any Arc Games Website, Service, Games, Proprietary Materials or downloaded software or client software that updates, supplements or replaces the original Website, Service, Games, Proprietary Materials or downloaded software or client software are governed by these Terms and are included within the definition of the term Service unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with these Terms or as otherwise provided in such separate terms.

6.2 The preceding Section 6.1 states the entirety of your rights with respect to the Website, the Service, the Games and the Proprietary Materials, and we reserve all rights not expressly granted to you in these Terms, not including any Non-Excludable Rights. The license granted to you pursuant to Section 6.1 of this Agreement does not include, you are prohibited to engage in, and you agree not to engage in, or authorize or permit any third party to engage in, any of the following: (a) sale, resale, license, sublicense, rent, lease, lending, transfer or commercial use of the Website, the Service, the Games or the Proprietary Materials; (b) distribution, public performance or public display of any of the Website, the Service, the Games or the Proprietary Materials except in connection with gameplay in the ordinary course, (c) use of the Website, the Service, the Games or the Proprietary Materials for any commercial or business purposes or otherwise for any purpose other than your own personal entertainment use; (d) modifying, adapting, altering, enhancing, or otherwise making any derivative uses of any of the Website, the Service, the Games or the Proprietary Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Service, the Games or the Proprietary Materials or any information contained therein, except as expressly permitted by these Terms; (g) reverse engineering, decompilation, disassembly of the Website, the Service, the Games or the Proprietary Materials, or otherwise attempting to derive the source code from the Website, the Service, the Games or the Proprietary Materials; (h) any use of the Website, the Service, the Games or the Proprietary Materials other than for its intended purpose; (i) removal, alteration or obscuring any copyright, trademark or other proprietary rights notice on or in the Website, the Service, the Games or the Proprietary Materials or any other material given to you by Arc Games, (j) use any third-party software to modify the Website, the Service, the Games or the Proprietary Materials or to change gameplay; (k) redirecting, intercepting or emulating any communication protocols used by Arc Games as part of the Website, the Service, the Games or the Proprietary Materials by any means, including but not limited to protocol emulation, reverse engineering, packet sniffing, or modifying or adding components to the Website, the Service, the Games or the Proprietary Materials; (l) providing, hosting, facilitating, linking to or using any private servers, emulators, “matchmaking” services or other means by which the Website, the Service, the Games or the Proprietary Materials may be played, accessed or used outside of the Service; or (m) creating, using or maintaining any unauthorized connections to the Website, the Service, the Games or the Proprietary Materials. All such connections may only be made through methods and means expressly approved by Arc Games, and the Website, the Service, the Games or the Proprietary Materials may only be played on or accessed or used through sites hosted by (or under the authority of) Arc Games. 

6.3 You may not distribute or provide to any third party, post on any website, and/or publicly perform or publicly display any part of the Website, the Service, the Games or the Proprietary Materials, or any Confidential Information. You may not network the Website, the Service, the Games or the Proprietary Materials or use the Website, the Service, the Games or the Proprietary Materials in any other way on more than one (1) computer or computer terminal simultaneously, except that you may connect online via the Internet to the Arc Games network that hosts the persistent game world. Arc Games has no obligation to give you the software and/or access codes to the Website, the Service, the Games or the Proprietary Materials. Subject to the Terms, access to the Website, the Service, the Games or the Proprietary Materials and any software are at Arc Games’s sole discretion.

6.4 Any use of the Service, Games, Website or the Proprietary Materials other than as specifically authorized herein, without the prior written permission of us is strictly prohibited and will, at Arc Games’s option, terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to or rights in Intellectual Property Rights, whether by estoppel, implication or otherwise.

6.5 You agree the Games and the Service are not sold to or transferred to you, and you are not granted any right, title, or interest in the Website, the Service or the Games except for the rights expressly granted to you in this Section 6, and Arc Games and its licensors retain all rights, title and interest in and to all copies of the Game and Proprietary Materials even after the Game’s installation on your personal computers, consoles, mobile devices, tablets and/or other devices.

7.Third-Party Content

We may provide or make available third-party content through the Service and may provide links to web pages and content of third parties (collectively the “Third-Party Content”) as a service to those interested in this information. We do not monitor or have any control over any Third-Party Content on third-party websites. We do not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein and undertake no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk. This Section 7 does not exclude any express representations, if any, made by us or any Non-Excludable Rights.

8.User Content

8.1 The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services (“Interactive Areas”) in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, pictures, photos, video, graphics, code or other items or materials on or through the Website as well as any other part of the Service (for example, in-game chat rooms, forums or organization of a guild) (the “User Content”). For the sake of clarity, User Content shall not include, in whole or in part, the Proprietary Materials, Website, Services and/or Games and all Intellectual Property Rights therein, including any and all modifications, adaptations and derivative works therefrom. 

8.2 User Content posted to the Website is publicly available and not confidential. We prohibit, and you agree to refrain from, any publication of any personal information about yourself or others.

8.3 You agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security (or equivalent in other jurisdictions) numbers and credit card numbers;
  7. viruses, corrupted data or other harmful, disruptive or destructive files;
  8. User Content that violates the Rules of Conduct or that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type.

8.4 Subject to any Non-Excludable Rights:

  1. We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in User Content.
  2. Your use of the Service including the Interactive Areas is at your own risk.
  3. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by users in any public forum, personal home page or other Interactive Area.
  4. Although we have no obligation to screen, edit or monitor any of the User Content, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored at any time and for any reason without notice.

8.5 You are solely responsible for creating backup copies of and replacing any User Content you post or store at your sole cost and expense. Any use of the Service including the Interactive Areas or other portions thereof in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service or any part thereof.

8.6 You are solely responsible for any and all User Content you post and for your use of the Service including Interactive Areas. You represent and warrant that (a) you own and control all of the rights, including Intellectual Property Rights, to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms, the Rules of Conduct, applicable laws or regulations and will not violate or infringe any publicity, personality or any third-party rights or cause injury to any person or entity, or imply any affiliation with, or endorsement of you or the User Content by us. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide.

8.7 In consideration of your use of the Service and for as far as is possible and permitted by applicable mandatory law, you expressly grant to us and our licensors all consents, clearances and a non-exclusive, royalty free, perpetual, worldwide, complete, fully sub licensable, transferable, and irrevocable right to re-post, publish, quote, adapt, translate, archive, store, reproduce, modify, create derivative works, distribute, transmit, broadcast, communicate, publicly display and perform, make, use or otherwise exploit the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, acknowledgment or compensation to you.

8.9 If you believe that any User Content in the Service infringes upon any Intellectual Property Rights which you own or control, please note first that we do not mediate IP disputes between parties. Accordingly, we encourage you to directly reach out to the party that created the User Content in question. If you cannot reach a mutual resolution with such party, and except with regard to allegations of copyright infringement which shall be addressed pursuant to the procedures set out in Section 14.1 (DMCA Notices) below, then you may file a notification of such infringement to us at the contact information set below:

  1. The notification shall contain the following information which is necessary for us to evaluate the situation: (i) URLs or Screenshots of the User Content in question and identify specific user who uploaded the User Content; (ii) proof or certificate of applicable Intellectual Property Rights which you own; (iii) a description of the alleged infringement and suggested solution you may reasonably request, (iv) a statement that your allegation is made in good faith, and (v) your contact information. We may contact you to ask for additional information and supporting materials.
  2. If we believe, at our sole discretion, that your claim has merit, we will send a notice to the user as identified in your notification to request such user to remove or otherwise modify the allegedly infringing content, or when the infringement is of a severe nature we may directly remove or restrict access to the allegedly infringing content and notify such disposal to the alleged infringing user. We will let you know our decision in due course by emailing you to the address you provided to us. If such alleged infringing user disagrees with our decision and believes there is no infringement, he or she may in certain circumstances submit a counterclaim to us with a request to reverse our action. Arc Games may or may not honor such request in Arc Games’s sole discretion. 
  3. You understand and agree that Arc Games is not responsible for User Content nor do we endorse any opinion contained in any User Content. While Arc Games fully respects Intellectual Property Rights and will use commercially reasonable endeavors to protect your legitimate interests in the operation of the Service, we do not guarantee to remove or delete all infringing content posted by any user.

9.Privacy

9.1 Arc Games’s practices governing any collection and use of your personal information are disclosed in our Privacy Policy and Cookie Policy. You understand and agree that through your use of the Service, Website, Games and Proprietary Materials, you consent to the collection, use and sharing of your information as described in such Privacy Policy and Cookie Policy.

9.2 You understand and agree that subject to applicable laws we may access, disclose or retain personal information, including the content of your communications, in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Arc Games, our users, our employees or the public, including without limitation to protect Arc Games or our users from fraudulent, abusive, inappropriate or unlawful use of our Service.

10.Software Updates

When we update or “patch” any of our software under the Service (for reasons that include, without limitation, system security, stability, enhancements and bug fixes), we may utilize a patch routine to verify whether the most recent version of the client software is installed on your computer or your device. If not, the most recent version may automatically be uploaded to your computer or your device, and you hereby consent to, and waive any further notice of, such upload.

11.Monitoring

You understand and agree that when you communicate with other users within the Game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private” to the extent permitted by law.  For further information on how we collect and process data about you, please review our Privacy Policy.

12.Email Notifications

You understand and agree that we may, with your consent, send email notifications to you to provide Game updates and other relevant messages. You can opt out at any time.

13.Users’ Rules of Conduct

13.1 You must observe these Terms, all Rules of Conduct, all applicable laws and all basic rules of etiquette and common courtesy when using the Service. Any conduct that violates the law in an offline, real world community is also a violation of these Terms. We will not tolerate any illegal or offensive conduct.

13.2 Without limiting the foregoing, in addition to the User Content rules set forth in Section 8, you agree not to take any of the following actions:

  1. harm minors in any way; 
  2. impersonate any person or entity, including any Arc Games officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmitted through the Website;
  4. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  5. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  6. “stalk,” threaten or otherwise harass or cause discomfort to another;
  7. collect, store, post or otherwise disseminate any personal data about other users;
  8. impede or disrupt the Service or the normal flow of gameplay or dialogue in the Game or in Interactive Areas (defined below) in the Service or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS), “spamming” or any other disruptive or detrimental methods in an attempt to disturb other users or our employees;
  9. engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or the Rules of Conduct;
  10. engage in any actions that defraud or attempt to defraud, scam or cheat others out of any items that have been earned through authorized game play;
  11. cheat or utilize unauthorized exploits in connection with the Games or the Service;
  12. using or exploiting any bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage over other users;
  13. trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the game;
  14. take any action that disrupts the Service or that negatively affects or may prohibit other users from enjoying the Website, the Games or any other aspect of the Service. 

13.3 We may take any reasonable actions we deem necessary, to the full extent permitted under applicable law, to discourage and discipline any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within our discretion, and is based on what we may determine (acting reasonably) is  best for the community and the Service. By using the Service, you agree you will be bound by our determination as to whether a violation has occurred and any penalty or minimum compensation we choose to implement.

14.Notice & Action – Designation of Agent to Receive Notification of Claimed Infringement of Copyright(s).

14.1 Digital Millennium Copyright Act (DMCA) Notices.

14.1.1 If you believe that anything in the Service infringes upon any copyright which you own or control, you may file a DMCA notification of copyright infringement as stipulated in this Section 14, you may contact our Customer Service Team via:

Email: dmca@arcgames.com

Mail:  Arc Games Inc.

   Attn: Customer Service Team

   100 Redwood Shores Parkway, 2nd Floor

   Redwood City, CA 94065

Telephone Number: +1 650-590-7700

14.1.2 The Notification of Claimed Infringement of Copyrights shall include the following information which is necessary for us to evaluate the claim:

  1. URLs or Screenshots of the material in question and identify the specific user who uploaded such material;
  2. proof or certificate of Intellectual Property Rights which you own;
  3. a statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law;
  4. a statement under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the copyright owner);
  5. a description of the infringement and suggested solution you may reasonably request, and your contact information. We may contact you to ask for additional information and supporting materials.

​14.1.3 If a Notification of Claimed Infringement is found reasonable in our sole discretion, we may give notice of a claim of copyright infringement to the relevant users by means of an electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records. Arc Games may elect not to respond to DMCA notices that do not substantially comply with all of the foregoing requirements. We may send a notice to the user as identified in your notification to request such user to remove the allegedly infringing content, or when the alleged infringement is of a severe nature we may directly remove or restrict access to the allegedly infringing content and notifying such disposal to the relevant user. We will let you know our decision in due course by emailing you to the address you provided to us.

14.1.4 In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the Accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement. We will provide notices where practicable, including prior warnings where appropriate.

14.2 EU Users - Digital Services Act (“DSA”)

14.2.1 If you believe that any information on Arc Games’s service might be illegal content, you can use the notice mechanisms provided herein.

14.2.2 The Notification of the alleged presence of illegal content shall include the following information which is necessary for us to evaluate the claim:

  1. A sufficiently substantiated explanation of the reasons why you allege the information in question to be illegal content;
  2. A clear indication of the exact electronic location of that information, such as the exact URL or URLs, the Game, and, where necessary, additional information enabling the identification of the illegal content;
  3. Your name and email address, except if the illegal content is related to offences of sexual abuse, sexual exploitation and child pornography;
  4. A statement from you confirming your bona fide belief that the information and allegations contained in the notice are accurate and complete.

14.2.3. If the notice contains the above-mentioned information, Arc Games will send a confirmation of receipt of the notice to the notifier. Arc Games will take its decision related to the notice in a timely, diligent and non-arbitrary manner.

14.2.4 You may not abuse the notice and action mechanism to submit notices that are manifestly unfounded or otherwise meant to block, hinder or inflict prejudice to other users or to us. Arc Games reserves the right to take all reasonable measures to sanction such misuse (including the suspension of the Service after having issued a prior warning). The suspension duration for service recipients will vary depending on the number of notices.

14.2.5 When taking actions against the presence of illegal content on the Service, Arc Games will provide the following details to the user:

  1. The type of restriction imposed by Arc Games;
  2. The facts and circumstances relied on in taking the decision;
  3. Where applicable, information on the use of automated-means in taking the decision;
  4. If the decision relates to alleged illegal content, a reference to the legal grounds for the restriction. If the decision related about alleged violation of Arc Games’s terms and conditions, a reference to the contractual ground and an explanation of why Arc Games believes the content is illegal or incompatible based on that reason; and
  5. Clear information on the possibilities for redress available to the affected recipient of the service, in particular, through internal complaint-handling mechanisms (art. 20 DSA), out-of-court dispute settlement (art. 21 DSA) and judicial redress.

15.Hyperlinks

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website. This Section 15 does not exclude any express representations, if any, made by us or any Non-Excludable Rights.

16.Advertisements and Promotions; Third-Party Products and Services

We may run advertisements and promotions from third parties through the Service or may otherwise provide information about or links to third-party products or services through the Service. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Arc Games advertisers or third-party information (except to the extent we caused or contributed to the loss or damage and subject to any Non-Excludable Terms). If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites.

For EU Users, Arc Games will make sure that every advertisement is clearly, concisely and unambiguously identified in real time as an advertisement. Arc Games will also disclose who the advertisement is representing and what main parameters are used to target the recipient of the service. There will also be information on how to change these parameters. Furthermore, Arc Games will offer a feature for clients to indicate whether the content provided by Arc Games is or contains an advertisement.

17.Official Service, Beta Testing and Confidential Information

17.1 The Games are designed for play only as offered through our Service. You agree not to access, create or provide any other means through which the Game may be played by others, such as through server emulators. You agree not to use any hardware or software, including but not limited to third-party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Service which is not authorized by us, including but not limited to the use of ‘bots’ and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Games, except that you may use the Software to the extent expressly permitted by these Terms. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You do not have ownership of and may not sell, transfer, trade or auction any Accounts, characters, items, Zen or Proprietary Materials, nor may you assist others in doing so, except as expressly authorized by us. We do not recognize any transfers occurring outside of the Service of anything related to the Service.

17.2 You may be given the opportunity to Beta test new games (“Beta Games”) and Website features. Your participation as a Beta tester is subject to the terms and conditions below.

17.3 You acknowledge that you are using a preliminary, preview edition of the Website features and the Beta Games and that you are participating in a beta test thereof (the “Beta Test”), and that the Beta Games and Website features may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems. Closed Beta Tests are confidential, and you agree that all information about the Beta Games, the Service and the Beta Test, including without limitation any comments, ideas or other feedback (collectively the “Feedback”) you provide to Arc Games regarding the Beta Games, the Service or the Beta Test, shall be treated as confidential (the “Confidential Information”). You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of testing the Beta Games and Website features, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person. You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons. All Confidential Information shall remain the sole property of Arc Games, and Arc Games may use such Confidential Information for any purpose without any obligation to you. You will carry out the testing personally and not provide access to Beta Games to any other person. You agree that breach of the above confidentiality obligations may cause irreparable harm to us, and we are entitled to (in addition to any other remedies available to it) injunctive relief without posting of a bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta Games confidential will continue until we publicly distribute, or have otherwise disclosed to the public through no fault of yours, each of the Games and the content that you are testing.

17.4 As a Beta tester, you are invited to play Beta Games for the sole purpose of evaluating the Beta Games and identifying errors. Nothing in these Terms, or on the Website or through the Service, shall be construed as granting you any rights or privileges of any kind with respect to the Beta Games or content that you find here. The Beta Games are provided for testing on an “as is,” “as available” basis and we make no warranty to you of any kind, express or implied. You understand and agree that playing Beta Games is at your own risk, that you know that the Beta Games may include known or unknown bugs, and that we have no obligations to you with respect to Beta Games, including without limitation any obligation to provide such Games to you in the future at no charge.

17.5 When playing some Beta Games, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta test. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all user history and data will be erased and each user will return to novice status.

18.Fees

18.1 We may charge fees to access and acquire certain Games or related items or participate in Game activities through the Service, and may allow the purchase of in-game “points” that may be applied to the purchase of in Game items or activities (“Zen”). After the purchase you will directly have the right to use Zen and be able to use it in the way as is stipulated.

18.2 ANY APPLICABLE ZEN, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND NON REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS REQUIRED BY APPLICABLE LAW INCLUDING ANY NON-EXCLUDABLE RIGHTS. THE BALANCE OF ZEN IN YOUR ACCOUNT DO NOT CONSTITUTE A PERSONAL PROPERTY RIGHT AND HAVE NO VALUE OUTSIDE THE SERVICE. ZEN HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. ZEN AND THE RIGHT TO USE APPLICABLE ZEN ARE NON-TRANSFERABLE, IN WHOLE OR PART. THE RIGHT TO USE ZEN IS AN INTEGRAL PART OF THE LICENSE TO USE THE SERVICE AND GAME.

18.3 You explicitly acknowledge and agree that the right to use (license) Zen starts from the moment fees have been paid and that you are able from that moment to use Zen for the intended purpose. Unless otherwise required by law including any Non-Excludable Rights, your purchase of Zen is not refundable for any sum of money, monetary value, or anything of value from Arc Games at any time.

18.4 We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Zen or to any purchases, and post those changes in these Terms, in separate terms of sale or in other terms or agreements posted on the Website or Service or otherwise provided to you by us. Such modifications, amendments, supplements or terms of sale shall be effective immediately upon posting on the Website or Service and shall be incorporated by reference into these Terms. If any change is unacceptable to you, you may terminate your account at any time.

18.5 Notwithstanding anything to the contrary herein, if you claim a chargeback for any reason, we have the right to investigate and dispute such chargeback. If we believe that your chargeback requirement is spurious, unreasonable, or invalid, we may take the dispute to court. If your chargeback is deemed invalid in court, you agree to pay for all fees and costs resulting from the disputed chargeback, including but not limited to legal fees and expenses (including without limitation reasonable attorneys’ fees, expenses, and court costs), damages, monies lost due to non-operation, and chargeback fees, or if applicable mandatory law or Non-Excludable Rights dictate otherwise, to the maximum amount permitted.

18.6 You may pay for any applicable fees and charges or for Zen by major credit card, PayPal® or other such methods authorized by us.

18.7 We are not liable for “hacking” or loss of your virtual goods from your account resulting from your or a third party's act or omission, however, we may, in our sole discretion, reimburse virtual goods or Zen upon proof that such loss was not due to your inappropriate use. We may limit the quantity of any item or refuse to provide you with any virtual good. Verification of certain information applicable to a transaction may be required prior to our acceptance of your payment. Price and availability of virtual goods are subject to change with no notice. We have no liability with respect to virtual goods or Zen that is gifted to you or provided as an incentive, subject to any Non-Excludable Rights.

18.8  Right of withdrawal for users residing in the European Union and the UK: Subject to the terms and conditions of these Terms, you may be entitled to certain refunds of your purchases in accordance with applicable law. European Union and UK users have a right of withdrawal from certain transactions subject to applicable laws.  This right of withdrawal ends 14 days after you purchase the Game or when you start downloading the Game or other digital content, whichever occurs earlier. Therefore, for any digital content or Game that you purchased online, you agree upon checkout that the withdrawal period will expire 14 days after you purchase such content or Game or when you start downloading the content of Game, whichever is earlier. You acknowledge that you lose your right of withdrawal once you start downloading or streaming any such digital content or Game.

As such, we honor your request to withdraw made within 14 days of such purchase (or for pre-purchases, 14 days from release), provided that you have not started downloading the Games. If you withdraw pursuant to this Section, we will reimburse you all payment(s) that you made for the purchase of such Game. To exercise the right of withdrawal you must inform us by an unequivocal statement (e.g. a letter sent by post or e-mail to the address below). You can use the model withdrawal form below.

To:    Arc Games Inc.

100 Redwood Shore Parkway, 2nd Floor, Redwood City, CA 94065

tos@arcgames.com

I hereby give notice that I withdraw from my purchase of the following goods: [identify your purchase, your account name or email].
 
Order Date: [insert order date]
Your Name: [insert your name]
Address: [insert Address]

Today’s Date: [insert current date]
Your Signature (only if this form is notified on paper).

For the sake of clarity, such right of withdrawal does not apply to your purchase of Zen (as defined in Section 18.1).

19.Interruption of Service

19.1 We reserve the right to interrupt the Service or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that we will not be liable for any interruption of the Service or any part thereof, delay or failure to perform resulting from any causes whatsoever, subject to any Non-Excludable Rights.

19.2 You acknowledge that the Service or any part thereof may be interrupted for reasons beyond our control, and we cannot guarantee that you will be able to access the Service whenever you may wish to do so. We shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever, subject to any Non-Excludable Rights.

19.3 Subject to any applicable law (including any Non-Excludable Rights), we have the right at any time with or without reason to change and/or eliminate any aspect(s) of the Service as we see fit in our sole discretion.

19.4 We are not obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Service or by reason of any of the circumstances described in Section 23.

20.Disciplinary Action / Account & Service Termination

20.1 For user violations we may at our option issue warnings and temporary suspensions and permanent terminations of Accounts. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under our absolute discretion.

20.2 For the avoidance of doubt, you hereby acknowledge that we have the sole discretion with respect to termination of your Account, even if there are credits remaining on your Account, to the extent permitted by applicable law. The termination of your Account entails the termination of the license to use the Service or any part thereof.

20.3 You may terminate your Account by delivering notice to us and as otherwise provided herein. We reserve the right to collect accrued fees and charges and costs incurred by us before your termination. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before termination of your Account.

20.4 In the event your Account is terminated by you or by us, the balance of the Zen or virtual goods in your Account will not be refundable, non-transferrable to another person, have no monetary value and do not accrue interest, except as otherwise required by applicable law or Non-Excludable Rights. Upon termination of your Account, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, except as otherwise is required by applicable law or Non-Excludable Rights, and you will have no further access to your Account. Any delinquent or unpaid Accounts or Accounts with unresolved disputes must be settled before we may allow you to register again.

20.5 If you feel you have been unfairly warned or disciplined, please contact us with a full detailed explanation.

21.Indemnification

You agree to defend, indemnify and hold Arc Games, its licensors, independent contractors, service providers and consultants, and their respective officers, directors, employees, agents, partners, affiliates, and subsidiaries, harmless from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees, expenses, and court costs) arising out of or related to your User ID, any User Content you post, store or otherwise transmit on or through the Website, your violations or breach of these Terms, any conduct, acts, omissions or misuse of the Service by you that is negligent or in breach of these Terms, any misrepresentations made by you, or your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not settle any claims or losses without, in each instance, the prior, written consent of an officer of Arc Games.

This indemnity is limited to the extent any claim, damage, costs, liabilities or expenses are caused or contributed to by us, and to the extent inconsistent with or not permitted by any Non-Excludable Rights.

22.Acknowledgements

You hereby acknowledge and agree that:

  1. WHEN USING THE SERVICE, THE SOFTWARE MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD-PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN “UNAUTHORIZED THIRD-PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD-PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADD-ON” OR “MOD,” THAT IN ARC GAMES’S SOLE DETERMINATION: (I) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (II) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY ARC GAMES; OR (III) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD-PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO ARC GAMES, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD-PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD-PARTY PROGRAM WAS DETECTED. ARC GAMES MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
  2. ARC GAMES MAY MONITOR OR RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME OR THE SERVICE AND YOU CONSENT TO SUCH MONITORING OR RECORDING.  IF YOU DO NOT CONSENT, YOU MUST NOT USE CHAT SESSIONS OR OTHER ELECTRONIC COMMUNICATION THROUGH THE GAME OR THE SERVICE.
  3. We do not guarantee the completeness, accuracy or correctness of any information passed between users. We do not guarantee the safe keeping of information that is passed between users. You acknowledge that said information passed between users is ‘as is’ and that you will use such information only for you and at your own risk.
  4. You acknowledge that in using the Service and/or Games, you may lose in-game features and/or items. You may not hold Arc Games responsible for any in-game feature or item loss. We do not guarantee the availability of any in-game items, any Service or any levels to users, subject to any Non-Excludable Rights.

23. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, SUBJECT TO AND WITHOUT LIMITING ANY NON-EXCLUDABLE RIGHTS:

  1. THE SERVICE, THE GAMES, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARC GAMES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, TITLE AND NON-INFRINGEMENT, AS TO THE SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, ARC GAMES DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE GAMES, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. ARC GAMES ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAMES, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS, ERRORS OR OTHER HARMFUL COMPONENTS OR DEFECTS, TRANSMIT DATA IN A SECURE MANNER, OR FUNCTION PROPERLY WITH THE SERVICE.
  2. ARC GAMES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. WHILE ARC GAMES ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, ARC GAMES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
  5. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY ARC GAMES.
  6. (EU USERS) Some member states of the European Union do not allow the foregoing disclaimers by mandatory law, so they may not apply to you. In such case you explicitly agree that such disclaimers shall be limited to the maximum extent permitted by applicable mandatory law.
  7. (aUSTRALIAN uSERS) The aUSTRALIAN cONSUMER lAW provides Consumers with rights (including consumer guarantees, rights to refunds and other remedies, and rights in relation to unfair Contract terms) that cannot be excluded or limited. The limitations of liability set out in these Terms are therefore subject to, and will not apply to the extent that they WOULD OTHERWISE limit or exclude such Consumer Guarantees or any other NON-EXCLUDABLE RIGHTS the user may have. “aUSTRALIAN cONSUMER lAW” REFERS TO SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND THE CORRESPONDING PROVISIONS OF THE RELEVANT STATE AND TERRITORY FAIR TRADING ACTS AND “Consumer Guarantee” means any right or statutory guarantee under Division 1 of Part 3-2 of the aUSTRALIAN CONSUMER LAW.

24.Conflict and Dispute Resolution (excluding EU, UK and Australian Users)

24.1 In the event of any controversy, allegation or claim that arises out of or relates to the Services or this Agreement, Arc Games and you agree to try to resolve the dispute informally by sending a notice of dispute via email (for Arc Games, to legal@arcgames.com with the subject line of “Attn: Legal”). Our notice to you will be sent to you based on the most recent contact information that you provided us.

24.2 Your notice to Arc Games must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief sought. If the dispute is not resolved within 30 days from the notice, either party can submit this matter to arbitration pursuant to this section.

24.3 Arbitration. Please read the following sections carefully, as they affect your rights. You and Arc Games agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as otherwise prohibited by applicable law. This agreement to arbitrate is intended to be broadly interpreted, and includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. You acknowledge that these Terms evidence a transaction involving interstate commerce, and thus the United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in these Terms.

24.4 Opting-Out of Arbitration. YOU MAY OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING ARC GAMES WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. YOUR NOTICE MUST INCLUDE: (I) YOUR FULL NAME (FIRST AND LAST); (II) THE EMAIL ADDRESS YOU USED TO REGISTER YOUR ACCOUNT; AND (III) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE. EMAIL YOUR OPT-OUT NOTICE VIA EMAIL TO: legal@arcgames.com WITH THE SUBJECT LINE: “Attn: Legal”.

24.5 Costs of Arbitration. Arc Games will pay all JAMS filing, administration, and arbitrator fees for any arbitration we initiate. You will pay the fees for any arbitration you initiate, in accordance with the JAMS Rules. However, if you initiate an arbitration after attempting to informally resolve a dispute in accordance with these Terms, and are seeking relief valued at (i) $300 or less (both to you and us), Arc Games will pay all JAMS filing, administration, and arbitrator fees or (ii) greater than $300 but less than $10,000, Arc Games will pay all such fees in excess of $20. After Arc Games receives notice at the email address above that you have commenced such an arbitration, Arc Games shall promptly reimburse you for any portion of the filing fee you have paid that Arc Games has agreed to pay.

24.6 Frivolous Claims. If the arbitrator determines that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all JAMS filing, administration, and arbitrator fees shall be governed by the JAMS Rules and you agree to reimburse us for any amount we have paid on your behalf to JAMS. Arc Games shall not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

24.7 Arbitration Procedures. You agree that one arbitrator from JAMS will arbitrate the dispute under the JAMS Rules, as modified by this arbitration provision. The award of the arbitrator shall be accompanied by a reasoned opinion. The arbitration will be held in the United States county where you live or work, or any other location that we mutually agree to.

24.8 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You may not bring a claim as part of a class arbitration, class action, private attorney general action, or consolidation with other arbitrations.

24.9 Applicable Law and Judicial Forum. To the maximum extent permitted by applicable law, you agree that this Agreement shall be governed by the laws of the State of California, United States, without regard to conflict of law principles or the United Nations Convention on the International Sales of Goods. In the event that this agreement to arbitrate is found not to apply to you or your claim, you and Arc Games agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Mateo County, California. Both you and Arc Games consent to venue and personal jurisdiction there, and waive any objection as to inconvenient forum.

24.10 Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.

24.11 Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you agree that if Arc Games makes any future change to this arbitration provision (other than a change to the notice email address above, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.

25.EU/UK Users – Conflict and Dispute Resolution

25.1 Internal complaint-handling system for Section 14. You can lodge a complaint, in electronic form and free of charge, against a decision of Arc Games under Section 14.2 for a period of 6 months following our decision. Your complaint must contain the reasons why you consider that our decision was unfounded and the corrective measure you request. Arc Games shall review its decision, taking into account your arguments and the measures you request, and we may reverse our decision, if your complaint is (partially) founded. We will inform you, without delay, of our decision and, where applicable, of the possibility of out-of-court dispute settlement and other available possibilities for redress.

25.2 Out-of-court dispute settlement. You are entitled to select any out-of-court settlement body that has been certified (as provided under article 21 of the DSA) to resolve disputes relating to our decisions. The settlement decisions are not binding and both Arc Games and you have the right to initiate, at any stage, legal proceedings before a court in accordance with the applicable law.

25.3 Disputes regarding this Terms. In the event of a dispute relating to the interpretation, the performance or the validity of these Terms, an amicable solution may be sought before any legal action. You can notify Gearbox Publishing Amsterdam B.V. at the contact information set forth below. To the extent that you are using our services as a consumer, you may use the Online Dispute Resolution platform made available by the European Commission to solve the dispute.

25.4 To the extent that you are using our Services as a consumer, the Agreement is governed by the law of the country where you have your habitual residence. In that case, you may bring proceedings before the courts of the Netherlands (Amsterdam) or the courts of the country where you are domiciled, as governed by applicable laws.  Arc Games may only bring proceedings against you before the courts of the country where you are domiciled.

25A Australian users - Conflict and Dispute Resolution

25A.1 In the event of any controversy, allegation or claim that arises out of or relates to the Services or this Agreement, Arc Games and you agree to try to resolve the dispute informally by sending a notice of dispute via email (for Arc Games, to legal@arcgames.com with the subject line of “Attn: Legal”). Our notice to you will be sent to you based on the most recent contact information that you provided us.

25A.2 Your notice to Arc Games must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief sought.

25A.3 If the dispute is not resolved within 30 days from the notice under Section 25A.2, you and Arc Games may agree to try to resolve the dispute by alternative dispute resolution methods including (without limitation) final and binding arbitration through JAMS as if Sections 24.3, 24.5 and 24.6 applied, or according to the Australian Resolution Institute Arbitration Rules.

25A.4 If you and Arc Games are unable to resolve the dispute or agree on an alternative dispute resolution method you and Arc Games have the right to initiate legal proceedings before a court in Australia.

25A.5 To the extent that you are using our Services as a consumer, the Agreement is governed by the law of Australia and you may bring proceedings before the courts of Australia or the courts of the state or territory where you are domiciled, as governed by applicable laws; and Arc Games may only bring proceedings against you before the courts of the state or territory where you are domiciled.

26.Limitation of Liability

26.1 IN NO EVENT, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHALL WE, ARC GAMES, ITS DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE GAMES OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR ARC GAMES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ARC GAMES’S RECORDS, PROGRAMS OR SERVICES.

26.2 IN NO EVENT, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHALL THE AGGREGATE LIABILITY OF ARC GAMES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, THE WEBSITE OR ANY OF THE GAMES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ARC GAMES FOR ACCESS TO OR USE THEREOF.

26.3 Some member states of the European Union do not allow the foregoing limitations of liability by (mandatory) law, so they may not apply to you. In such case you explicitly agree that our (or any such other released parties) liability to you shall be limited to the maximum extent permitted by applicable mandatory law. You agree that we cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.

26.4 For Australian users, the foregoing limitations of liability do not exclude or limit:

  1. our liability for death or personal injury caused by our negligence, or loss, damage or costs caused by our fraud or fraudulent misrepresentation, gross negligence, or deliberate act or omission; or any other liability that cannot be excluded by applicable law; or
  2. any remedies for breach of Performance Guarantees under the Australian Consumer Law that cannot be excluded.

27.General

27.1 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

27.2 You may not assign or transfer this Agreement, this Account or your rights hereunder, or the Games or any other software provided by us, and any attempt without our prior written consent is void.

27.3 If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

27.4 The section headings used herein are for reference only and shall not be read to have any legal effect. The Schedule forms part of the Terms and shall have effect as if set out in full in the body of the Terms and any reference to these Terms includes the Schedule.

27.5     Arc Games may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.

27.6     This Agreement sets forth the entire understanding and agreement between you and Arc Games with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings.

28.Remedies

You agree that your obligations and representations, and the license limitations, stated herein, are necessary and reasonable in order to protect Arc Games, its business, and its licensors, and you expressly agree that monetary damages may be inadequate to compensate Arc Games fully for any breach of this Agreement, or for any misrepresentation made by you above. Accordingly, you agree and knowledge that any such violation or threatened violation may cause irreparable injury to Arc Games and that, in addition to any other remedies that may be available, in law, in equity or otherwise, Arc Games shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, or the continuation of any such breach by you, or to remedy any misrepresentation made by you, without the necessity of proving the inadequacy of any legal remedy or monetary damages, and without the need to post any bond.

29.Independent Contractors

You acknowledge that you are not considered, and shall not present yourself as, an agent, employee, joint venturer, or partner of Arc Games (or any of its respective affiliates, publishing partners, licensors or licensees). Each party to this Agreement is an independent contractor with respect to the other, and nothing in this Agreement will be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint venturers.

30.U.S. Export Controls

You acknowledge and agree that Games and other software provided through the Website or Service are subject to restrictions and controls imposed by the United States Export Administration Act (the “Act”) and the regulations promulgated thereunder. You agree and certify that neither the Games nor any other software provided through the Website or Service, nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same. You agree that you will comply with all applicable law in with regard to your possession, use and operation of the Games and other software provided through the Website or Service.

31.Contact Us

Unless directed with other contacting method herein, if you have any questions, concerns, or complaints regarding our Games or our Service, you may contact our Customer Service Team via:

Email: tos@arcgames.com

Mail:   Arc Games Inc.

   Attn: Customer Service Team

   100 Redwood Shores Parkway, 2nd Floor

   Redwood City, CA 94065

For California residents: pursuant to Cal. Civil Code § 1789.3, please note that (a) our address and contact details are set out above; (b) the fees and charges for the Service vary depending on the services selected by you and/or Games purchased, and (c) if you have a complaint regarding the Service or desire further information on use of the Service, contact our Customer Service Team at tos@arcgames.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

If you are in the European Union or the United Kingdom, you may contact Gearbox Publishing Amsterdam B.V. via:

  Email:  tos@arcgames.com

                        Mail:   Gearbox Publishing Amsterdam B.V.

Attn: Privacy Policy Inquiry

Herikerbergweg 181 Unit 4.3

1101 CN, Amsterdam, The Netherlands

32.Console Platform Terms Also Apply

If you access our Games via consoles, the ways in which you can use the Games may also be controlled by the relevant “Console Platform” provider’s rules and policies. To the extent required by such rules and policies, the Console Platform’s terms will apply in your use of the Games.

In general, you acknowledge that:

•         Arc Games, not Console Platforms nor any of their affiliates, licenses the Game or Service to you in accordance with these terms;

•         Arc Games is not responsible for Console Platform-related services and shall not be liable under for any action arising in contract, tort (including negligence) or otherwise related to the use or operation of such service, subject to any Non-Excludable Rights;

•         You shall be solely responsible for ensuring you use any Console Platform account that you use to access the Game or Service in accordance with the policies applicable to such account;

•         Arc Games does not grant you a right to use any Intellectual Property Rights, including trademarks, of Console Platforms or their affiliates. Your use of such Intellectual Property Rights is granted (if applicable) in accordance with the Terms of Service and any other policies made available by Console Platforms or their affiliates from time to time in relation to use of the platform;

•         Console Platforms or any of their affiliates make available any online products or services under their own terms, conditions and exclusions of warranties;

•         Arc Games may be required to change the Game or Service, or these Terms, in order to comply with instructions of Console Platforms. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes.

Please refer to the rules and policies of Console Platforms applicable to your use of the Game and the Service on the relevant Console Platforms’ websites. The information provided below is for your convenience only.

Nintendo Switch

Your use of the Switch platform is subject to any policies that apply to the use of such service, including the Nintendo Terms of Use available at www.nintendo.com/terms-of-use.

PlayStation™ Network

Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.

For the European Union region, any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™ Network Terms of Service and User Agreement which is available on the PlayStation™ Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

Xbox

Your use of the Xbox platform is subject to any policies that apply to the use of such service, including the Microsoft Services Agreement available at https://www.microsoft.com/en/servicesagreement/.

33.Closing

Thank you again for visiting us. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest and act with the same courtesy and respect that you would expect from other guests.

Last updated: April 29, 2024.

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