TERMS AND CONDITIONS
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions and any disclaimer notice and any or all Agreements: "User", "You" and "Your" refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the User and ourselves, or either the User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
In order to register as a User and obtain an Arcade Rental, you must be at least 18 years of age and an authorized user of a credit/and or debit card with sufficient charging authority to pay the initial deposit, monthly rental charges for the arcade game(s) you request and the Liquidated Damages that may arise as a result of your use or misuse of the arcade game(s) or that may be assessed in the event you fail to return our Arcade Game(s) in compliance with these Terms.
You will need to create an account and provide Us with your details while making the account. When registering with Company for use of Arcade Rental, you will provide complete and accurate information to us each time you are called upon to provide information necessary to your account. You will receive a unique user name and password of your choosing and it is your sole responsibility to protect the security of that information. You will not allow the unauthorized use of your login information to access our Service, and if you become aware of an unauthorized use, you will promptly notify Us. You warrant that your use of the Service and Arcade Rental will comply with all Federal, State, Local, and if applicable, international laws, regulations and ordinances and that you will not knowingly use our Service and/or Arcade Rental to effect an unlawful purpose. Our Service capabilities may only be accessed through the Company website, and you will not access or attempt to access the Service by any other means. Company reserves the right to refuse and/or cancel a User’s registration in its sole discretion.
Rules and Conduct
You will not create any account for anyone other than yourself without such person’s permission.
You will not use another person’s name to create and register as a User with the intent or effect of confusing or misleading other Users.
You will not use a Username that is subject to intellectual property rights of another person or entity without their authorization.
You will not select a Username that is obscene, vulgar, offensive or otherwise inappropriate.
You are solely responsible for the information on your User account and for maintaining the confidentiality of your password.
You will not use the account of another User without that User’s express permission, and you will immediately notify us in writing of any unauthorized use of your account.
You will maintain and use the Arcade Game in a careful and cautious manner.
You will turn off the Arcade Game when not in use
You will not place, drinks, other liquids or other foreign objects on the Arcade Game.
You will not "manhandle" the Arcade Game or otherwise operate in an unsafe manner.
You will not allow children to use the Arcade Game except under your direct supervision and you will not place small children on the game surface.
You will not use the Arcade Game for any purpose other than as an Arcade Game.
You will not use the Arcade Game for commercial purposes.
You will not open or disassemble the arcade cabinet doors, control panels, bezels, marquees or other components of the game.
You will not use the machine or any of its components to test your own equipment or to play other games that were not included in your rental.
You will not move the game, once it has been delivered.
Exclusions and Limitations
Your use of our Service and/or arcade rental is at your sole risk and our service is provided "as-is" and "as available". To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to the Service and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
You warrant that the Arcade Game(s), while in your possession, will be located in your home or your place of business, without access to third parties unless authorized by you and which can be delivered to the location where it placed, remain and used without requiring disassembly and without requiring delivery by transiting more than three steps (up or down).
We offer rental period ("Rental term") on a both daily and monthly basis for arcade games. You will be contacted by our fulfillment department to confirm the availability of your chosen Arcade Game and confirm a delivery date with a four hour delivery time window. Your credit card will be charged on the date of delivery and will renew on the same day each month until you cancel service. The charges to your card will include payment for the Rental Term and a per game refundable deposit. You will provide us with the name of the authorized adult who will be present during the delivery time window and the authorized adult will provide appropriate identification at the time of delivery.
For monthly package, the Rental Term will be automatically renewed for a new Term, unless you notify us that you are terminating the rental, in accordance with the instructions on the Website, no less than three business days prior to the expiration of the term. At the beginning of each rental term, Customers have the option to exchange their games for different ones if they would like. All Card transactions whether initiated on our Website or by some other means are compliant with Payment Card Industry (PCI) security standards, and all Card numbers are encrypted. Our credit card processing uses SSL (Secure Socket Layer) encryption. In the event of an unauthorized use of your Card, notify your card provider or issuing bank in accordance with its reporting rules and procedures. Unauthorized use of your Card may be subject to regulations that limit liability. In no event will we be liable for unauthorized use of your Card by a third party. You agree that we may submit proper charges to that Card, and that we are not liable for unauthorized transactions by third parties.
If you properly terminate a rental at the end of a Term in accordance with the instructions on our Website, you will be contacted by our fulfillment department to confirm a pickup date with a four hour arrival time window. You will provide us with the name of the authorized adult who will be present during the pick-up window and the authorized adult will provide appropriate identification at the time of pickup. After picking up the game, we will assess it for any damage that is beyond normal wear and tear and if it’s in similar condition to what it was delivered in, we will process a refund for your deposit.
We do not charge for delivery or pickup, but we do charge a fee of $50 if you or your authorized adult is not present at the delivery or pickup location when our representative arrives at the location within the agreed four hour window on the delivery date. We also reserve the right to impose a reasonable fee in the event the location delivery conditions are outside the parameters agreed.
In the event the rented Arcade Game ceases working during the rental period, you will contact us in accordance with instructions on the website. We may first attempt to troubleshoot the problem with you over the phone, and if the issue is not otherwise resolved, a representative of ours will come to your location within a reasonable period of the call, and repair or replace the game. Unless we determine, in our reasonable discretion, that the cause of the breakdown was your failure to properly secure or use the Arcade Game, you will not be charged for the repair and you will receive a pro-rate reimbursement for days the Arcade Game remained unusable beyond three days, after notice to us of the problem. If we determine in our reasonable discretion that you are responsible for the repair to the Arcade Game, you will be charged for the cost of repair.
You are responsible for all damage or casualty loss to the Arcade Game during the rental term. In the event the Arcade is repairable, you will reimburse us for the cost of repair, including service fees at the rate of $[AMOUNT] per hour and the cost to us for parts. In the event the Arcade Game is not repairable or is a total loss or has been stolen or not otherwise returnable, you agree to a replacement fee of $2500 for Arcade Games or other Game, and & $7500 for Pinball Machines. In the event that damages exceed your initial deposit amount, you authorize us to charge your credit card for any remaining costs or liquidation damages.
Limitation of Liability
You waive any claim of personal injury and/or property damage from any cause in connection with the Arcade Game you rent from us, regardless of the cause, and further agree that in the event a Court imposes liability on use for property damage or personal injury that the maximum award you will be entitled to is One Hundred Dollars ($100.00).
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys´ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Company. The collective work includes works that are licensed to Company. Copyright 2016, Company ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of requesting a quote with Company or purchasing Company products. You may not display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Company or to purchase Company products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Company used in the site are trademarks or registered trademarks of Company
Company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Company.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Company in its sole discretion.
In an attempt to provide increased value to our visitors, Company may link to sites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
You acknowledge and agree that the form and nature of Our Service may change from time to time without prior notice to you.
You may discontinue your use of Our Service at any time. We may, at any time, terminate your use of Our Service if (i) You have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms) or (ii) if we are required to do so by law. Furthermore, we may terminate your use of Our Service for any reason with or without notice.
Your use of this site shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Company products) shall be in the state or federal courts located in Michigan. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Company products) must be commenced within one (1) year after the claim or cause of action arises. Company´s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Company may assign its rights and duties under this Agreement to any party at any time without notice to you.