Conditions of Use
Retro Active Arcade Ltd.
Website Conditions Of Use
Last Updated - July 3, 2018
By using the Retro Active Arcade Ltd. web site and/or other services, you agree to the following terms and conditions (the "Terms & Conditions"). We will make the most current version of these Terms & Conditions available on this page. Additionally, you shall be subject to any posted guidelines applicable to any other Retro Active Arcade Ltd. services. If you do not agree to these Terms & Conditions please do not use the site and do not register to be a member of Retro Active Arcade Ltd. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Please check these terms periodically for changes. Your continued use of the Retro Active Arcade Ltd. Service following the posting of changes to these terms (including Retro Active Arcade Ltd. Forum Guidelines) implies your acceptance of these changes.
Retro Active Arcade Ltd. Website Overview
Retro Active Arcade Ltd. is an on-line Shopping Cart program and e-commerce resource portal, as well as forum with links to hosting, merchant services, articles, tips, tutorials and a range of other content (collectively, the " Retro Active Arcade Ltd. Service"). These Terms & Conditions apply to the Retro Active Arcade Ltd. Service as well as any new products or services that we may add in the future (unless stated otherwise).
General Terms & Conditions and Restrictions on Use of Materials
By accessing the Retro Active Arcade Ltd. Service web site, becoming a member of the forum, contributing any code, images or templates, you agree to be legally bound and to abide by the Terms & Conditions, just as if you had signed this Agreement. If you do not comply with the Terms & Conditions at any time, Retro Active Arcade Ltd. reserves the right to limit your access to the Retro Active Arcade Ltd. Service. Retro Active Arcade Ltd. may discontinue or alter any aspect of the Retro Active Arcade Ltd. Service, including, but not limited to, (a) restricting the time the Retro Active Arcade Ltd. Service is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user's right to use the Retro Active Arcade Ltd. Service, at our sole discretion and without prior notice or liability. In order to permit Retro Active Arcade Ltd. to protect the quality of its products and services, you hereby consent to Retro Active Arcade Ltd. staff being able to access your account and records on a case by case basis to investigate complaints or other allegations of abuse.
You acknowledge that the Retro Active Arcade Ltd. service may contain information, software (including scripts posted by others), photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. and Canadian copyright laws. Retro Active Arcade Ltd. owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
Community Standards and Conduct in Retro Active Arcade Ltd. Forums
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Retro Active Arcade Ltd. Service. Retro Active Arcade Ltd. does not control all of the Content posted via the Retro Active Arcade Ltd. Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Retro Active Arcade Ltd. Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Retro Active Arcade Ltd. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Retro Active Arcade Ltd. Service. You agree to not use the Retro Active Arcade Ltd. Service (including the Retro Active Arcade Ltd. Forums described below) to:
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way; impersonate any person or entity, including, but not limited to, a Retro Active Arcade Ltd. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- Upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Retro Active Arcade Ltd. Service or an Retro Active Arcade Ltd. Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in meaningful exchanges;
- Interfere with or disrupt the Retro Active Arcade Ltd. Service or servers or networks connected to the Retro Active Arcade Ltd. Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Retro Active Arcade Ltd. Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law; "stalk" or otherwise harass another member or user of the Retro Active Arcade Ltd. Service; or collect or store personal data about other users or members.
A "Forum" refers to any chat area, bulletin board, "instant messaging" or virtual community offered as part of the Retro Active Arcade Ltd. Service.
All Retro Active Arcade Ltd. Forum communications are public and not private communications. You shall remain solely responsible for the content of your messages. Although Retro Active Arcade Ltd. reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Your privilege to use the Retro Active Arcade Ltd. Forums and contribute to discussions on the Retro Active Arcade Ltd. Forums depends on your compliance with the member conduct guidelines set forth above. Retro Active Arcade Ltd. may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, Retro Active Arcade Ltd. in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.
Retro Active Arcade Ltd. reserves the right to monitor some, all, or no areas of Retro Active Arcade Ltd. Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, Retro Active Arcade Ltd. is acting as a passive conduit for such distribution and Retro Active Arcade Ltd. is not undertaking any obligation or liability relating to any content or activities on the Web Site or in any Forum or Forum area.
By posting or submitting content to this site, you grant Retro Active Arcade Ltd. and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Retro Active Arcade Ltd. will not infringe or violate the rights of any third party.
If you send us scripts, creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Retro Active Arcade Ltd. . None of the Submissions shall be subject to any obligation of confidence on the part of Retro Active Arcade Ltd. , and Retro Active Arcade Ltd. shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Retro Active Arcade Ltd. shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
The Retro Active Arcade Ltd. Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Retro Active Arcade Ltd. has no control over such sites and resources, you acknowledge and agree that Retro Active Arcade Ltd. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Retro Active Arcade Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Retro Active Arcade Ltd. uses diligent efforts to maintain the Retro Active Arcade Ltd. Service, but Retro Active Arcade Ltd. is not responsible for any defects or failures associated with the Retro Active Arcade Ltd. Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Retro Active Arcade Ltd. makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Retro Active Arcade Ltd. Service, including as to the accuracy, content, or quality of any such sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
RETRO ACTIVE ARCADE LTD. SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. RETRO ACTIVE ARCADE LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, RETRO ACTIVE ARCADE LTD. MAKES NO WARRANTY THAT THE RETRO ACTIVE ARCADE LTD. SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE RETRO ACTIVE ARCADE LTD. SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE RETRO ACTIVE ARCADE LTD. SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RETRO ACTIVE ARCADE LTD. SERVICE IS DONE AT YOUR SOLE 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.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RETRO ACTIVE ARCADE LTD. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RETRO ACTIVE ARCADE LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE RETRO ACTIVE ARCADE LTD. SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE RETRO ACTIVE ARCADE LTD. SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RETRO ACTIVE ARCADE LTD. SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE RETRO ACTIVE ARCADE LTD. SERVICE. IN NO EVENT SHALL RETRO ACTIVE ARCADE LTD. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TERMINATION & MODIFICATION
You agree that Retro Active Arcade Ltd., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Retro Active Arcade Ltd. Service, and remove and discard any Content within the Retro Active Arcade Ltd. Service, for any or no reason. Retro Active Arcade Ltd. may also in its sole discretion and at any time discontinue providing the Retro Active Arcade Ltd. Service, or any part thereof, with or without notice. You agree that any termination of your access to the Retro Active Arcade Ltd. Service under any provision of this Terms & Conditions may be effected without prior notice, and acknowledge and agree that Retro Active Arcade Ltd. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Retro Active Arcade Ltd. Service. Further, you agree that Retro Active Arcade Ltd. shall not be liable to you or any third-party for any termination of your access to the Retro Active Arcade Ltd. Service.
GOVERNING LAW AND OTHER ELEMENTS
The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the Province of Alberta without regard to its conflicts of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING RETRO ACTIVE ARCADE LTD. SERVICE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF RETRO ACTIVE ARCADE LTD., MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN THE PROVINCE OF ALBERTA (OR THE APPROPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
COPYRIGHT AND COPYRIGHT NOTICES
Retro Active Arcade Ltd. respects the intellectual property of others, and we ask our users to do the same. Retro Active Arcade Ltd. may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Retro Active Arcade Ltd. with the pertinent information:
Contact Retro Active Arcade Ltd. by email at: email@example.com
ARCADE TERMS OF SERVICE
SHIPPING & RETURNS
Last Updated - July 3, 2018
It is the buyer's responsibility to ensure that all shipping information is correct. Retro Active Arcade Ltd. will not be held responsible for any incorrect addresses resulting in non-deliverable packages or packages delivered to the wrong address.
ARCADE PART SHIPPING
Most shipments are contracted via UPS or Canada Post. Any items exceeding standard shipping dimensions will be dispatched by specialized freight carriers. Where feasible, every attempt will be made to provide tracking data and to accommodate special circumstances. Retro Active Arcade Ltd. ships to international addresses. Retro Active Arcade Ltd. does not ship to post office boxes. Please contact us directly by email at: firstname.lastname@example.org for special delivery instructions and expedited shipping options.
PLEASE NOTE: Once the package is in the possession of the customer's chosen courier, Retro Active Arcade Ltd. will not be held responsible for any damages, theft, incorrect or delayed deliveries that may occur once the package is in the possession of said courier.
ARCADE MACHINE SHIPPING
Arcade Machine Freight shipping is a flat rate per machine and is curbside delivery only. Any Flat Rate Arcade Machine Freight Shipping where the destination is remote or has no-road access, will be to the nearest depot ONLY. To arrange further shipping accommodations, please contact Customer Service. Any additional services requested upon delivery will be invoiced to the customer, including any extra fees associated with moving the machine into the house/building, re-delivery fees and/or returned shipment fees.
PAYMENT AND CANCELLATION
Acceptable forms of payment are Visa, Mastercard or PayPal. Payment is collected at the time of order. If items are unavailable or back ordered, or if the order is cancelled before shipment (usually within 24 hours), an immediate refund will be made to the purchaser at their discretion - EXCEPT FOR NEXT DAY SHIPPING. Next day shipping voids any 24-hour cancellation. Retro Active Arcade Ltd. reserves the right to cancel any order. Special order or custom-made items may not be cancelled once the manufacturer confirms receipt of sale.
All orders over $1000.00 CAD require verification. To verify your order we require a copy of your photo ID and credit card. This information is used explicitly for this purpose and is held for 90 days after we have shipped your items. After 90 days your information is deleted.
DAMAGE IN TRANSIT
In every case, it is imperative that item(s) contained in the shipment be inspected immediately upon receipt. If there is obvious significant damage to the container/package, purchaser has the right to refuse acceptance by noting this on the shipping documents. If it is not practical to inspect merchandise upon acceptance, or if the purchaser feels that there may be hidden damage, it is recommended that the notation "receipt subject to inspection" be written on the shipping documents. Please contact one of our representatives within 24 hours at email@example.com to report damage and to receive instructions on how to proceed. All packaging should be saved for the purpose of documentation. It is helpful to take several low-resolution images of the damaged merchandise and/or packing materials to assist in the claims process.
*Retro Active Arcade Ltd. will submit any claims on behalf of the customer provided the customer has been in contact with Retro Active Arcade Ltd. within the 24 hour period and has provided all necessary information to file an insurance claim in regards to damage during transportation. Retro Active Arcade Ltd. requires clear pictures and a written description of all damages. Further instructions will be given once the customer has contacted Retro Active Arcade Ltd. Please note that insignificant damages will be dealt with on a case by case basis.*
All sales are final however defective arcade parts can be returned within 30 days of purchase for a replacement (Excluding Light Guns). The items must be returned in original condition and if possible in the original packaging. Purchaser will be responsible for the shipping cost of returned items, unless there is an error with the order, in which case the seller will pay return shipping charges. Retro Active Arcade will not ship out replacement parts before receiving the original defective part/item and inspected the item. There is a 25% restocking fee for any returned items that are not defective. Items that have been installed and are not defective are NOT returnable. It is the buyers responsibility to ensure the parts ordered are the right size and are the correct item for the required application.
ALL ELECTRONICS ARE FINAL SALE AND WILL ONLY BE REPLACED IF DEFECTIVE.
ALL CLEARANCE ITEMS ARE FINAL SALE.
Contact Customer Service for a Return Authorization Number prior to shipping anything back to Retro Active Arcade. Unauthorized returns will be refused.
Custom arcades are not eligible for return and all custom arcade sales are final.
ARCADE MACHINE WARRANTY TERMS
All Arcade Machines manufactured by Retro Active Arcade Ltd. come with a 1 Year Warranty. This warranty excludes any physical or liquid damage to the machine. Any and all modifications including, but not limited to, DIY fixes, replacing wiring, components, or electronics, decal removal, t-mold replacement, etc that has not been expressly instructed by a Retro Active Arcade Ltd. representative will void any and all warranty on the machine. The 1 Year Warranty is not transferable between machines. The 1 Year Warranty will be considered null and void if the machine has been sold by the customer, thus is not transferable to anyone that is not the original purchaser of the machine. Retro Active Arcade Ltd. does not do in house calls but will provide all instruction needed via phone or email. In the event the machine must return to Retro Active Arcade Ltd. for warranty fixes, shipping expenses will be the buyer's responsibility.
Any machine that Retro Active Arcade Ltd. has completed production on and has held for more than 7 days due to the customer being unable to receive it, is subject to a $250.00 CAD storage fee per month.
If you have any special shipping considerations, please make arrangements with Customer Service at: firstname.lastname@example.org
Last Updated - August 15, 2014
The Information Retro Active Arcade Ltd. Collects
This notice applies to all information collected or submitted on the Retro Active Arcade Ltd. web site. All information marked with an asterisk (*) is required for a particular service. Our forums require you to register before being able to post. All of the information collected during forum registration is available to all forum members and the staff of Retro Active Arcade Ltd. . The information collected for the forum is:
Your name, email address, phone number and username - web site address, other contact methods, location, etc are all optional. Your IP address may also be logged. IP addresses may be used in fraud prevention and/or to prosecute perpetrators of fraud or other abuses. On some pages, you may order products, make requests, and register to receive materials. The information collected for these sections is strictly confidential and only shared with shippers, payment processors and/or selected partners as needed. The types of personal information collected at these pages are:
Your name, billing and shipping address(es), email address, phone number, or possibly a Credit Card number or other payment information. If a credit card number is collected it is never stored on our servers. On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient's address. The information collected for these sections is strictly confidential and only shared with shippers as needed. In this circumstance, the types of personal information collected are:
Recipient's Name, Recipient's Address, and Recipient's Phone Number*
The Way Retro Active Arcade Ltd. Uses Information
Retro Active Arcade Ltd. uses the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. Retro Active Arcade Ltd. uses the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. Retro Active Arcade Ltd. uses return email addresses to answer Retro Active Arcade Ltd. the email Retro Active Arcade Ltd. receives. Such addresses are not used for any other purpose and are not shared with outside parties. You can register with the Retro Active Arcade Ltd. web site if you would like to use our forum, receive newsletters, list your site in the showcase, and/or other services. Information you submit on the Retro Active Arcade Ltd. web site may be shared with selected partners. Retro Active Arcade Ltd. may use non-identifying and aggregate information to better design the Retro Active Arcade Ltd. web site and to share with advertisers. For example, Retro Active Arcade Ltd. may tell an advertiser that X number of individuals visited a certain area on our Retro Active Arcade Ltd. web site, or that Y number of men and Z number of women filled out our registration form, but Retro Active Arcade Ltd. would not disclose anything that could be used to identify those individuals. Finally, Retro Active Arcade Ltd. never uses or shares the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that Retro Active Arcade Ltd. collects online and maintains by logging in and clicking on 'My Controls' or 'My Account' in the menu. We use this procedure to better safeguard your information.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please contact us at: email@example.com