Terms of Service

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS 13 ("GOVERNING LAW AND FORUM CHOICE") AND 14 ("DISPUTE RESOLUTION") BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THESE TERMS ALSO INCLUDE A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, COPY, OR USE THE SERVICES. WITH LIMITED EXCEPTION (SEE SECTION 5), ANYTHING YOU PURCHASE FROM US IS NON-REFUNDABLE. 2. Changes to Terms or Services. We can update these Terms whenever we want. If we do, you'll get notified according to Section 15(d). You have to accept the updates to keep using the Services. Not willing to accept them? Then you can't use the Services anymore, except as described in Section 14(h) "Effect of Changes on Arbitration." Our Services change over time, so we may modify or shut down all or part of them at any moment without warning. We can also deploy patches, updates, or upgrades without asking first.

(a) Eligibility. You need to be at least thirteen years old to use the Services. You also need to be able to enter a binding contract with Company and can't be blocked from using them under any laws that apply to you. (b) Game Platforms. You're accessing the Game through software providers that may also act as a download agent. This includes Steam, Epic, and similar platforms ("Game Platforms"). To access, purchase, or download the Game through a Game Platform, you create an account with that platform (a "Gaming Account"). You understand that the Game Platform's own terms and conditions might apply to your Gaming Account and your use of the Services through it. If there's a conflict between a Game Platform's terms and these Terms, these Terms win. (c) Your Account. When you access the Services through a Game Platform, we get certain information about you from your Gaming Account, as explained in our Privacy Policy. We'll use this to create an account for you in our Services, and you can add more information through the Services themselves (an "Account"). (d) Accuracy of Account Information. Keep your Account information correct and current. That includes updating it through your Gaming Account if needed. If you don't, we might suspend or terminate your Account.

(a) Company Content. "Content" here means text, graphics, images, music, software, audio, video, works of authorship, and anything else posted or made available through the Services. Company and its licensors own everything in the Services and all the Content, including all intellectual property rights. (b) In-Game Content. We offer upgrades, add-ons, features, options, and in-game currency within the Services ("In-Game Content"). This might be cosmetic stall upgrades, merchant skins, rare vendor maps, or other gameplay enhancements. You could also get access to special market events or challenges that give you additional rewards. These seasonal marketplace events may have their own terms attached. You can buy access to certain In-Game Content, get it with a purchase, or earn it through gameplay milestones as described in Section 5. All In-Game Content stays Company property no matter how you get it. In-Game Content has no real-world monetary value and you can't trade it, sell it, or get money back for it. You're not allowed to transfer, sell, or exchange In-Game Content. Your access to In-Game Content is governed by the license terms in these Terms. We can revoke your license to any In-Game Content anytime without owing you anything. Other restrictions may apply too, including ones related to how the Game works or rules we tell you about separately through the Game or other Services. We can modify, substitute, replace, suspend, cancel, or eliminate any In-Game Content whenever we want, without notice or liability to you. (c) License Keys. We might offer unique keys you can use to access the Game through a Game Platform (a "License Key"). License Keys are yours alone and can't be transferred or sold. If we believe you've committed fraud or broken these Terms, we can disable a License Key or revoke your right to use the Game with it. License Keys aren't redeemable for money or anything of monetary value. (d) Rights in Content Granted by Company. As long as you follow these Terms, Company gives you a limited, non-exclusive, non-transferable license with no right to sublicense. You can (i) access and view the Content, including any In-Game Content you've bought or obtained access to under these Terms, and (ii) if you have a valid License Key or bought the Game through a Game Platform, download and install the Game on a computer you own or control. Both only connect to your permitted use of the Services. You can't (w) copy, modify, or create derivative works from the Services, (x) distribute, transfer, sublicense, lease, lend, or rent the Services to anyone else, (y) reverse engineer, decompile, or disassemble the Services, or (z) make the Services available to multiple users in any way. Company keeps all rights to the Services, Game, and Content that it didn't expressly give you. (e) Streaming. You can stream your Game experiences and we support it, as long as you (i) keep streaming non-commercial, (ii) don't charge viewers to watch or access your stream, (iii) stay within appropriate community guidelines, (iv) don't run competitions without our written permission (which might come with extra requirements), and (v) put "Sponsored By _______" (with your sponsor's name) as persistent text if your stream is sponsored.

Don't do any of this: (a) use the Services for commercial purposes like marketplace arcades without Company permission, unless these Terms specifically allow it; (b) act in ways we find objectionable (like market manipulation), disruptive, or that mess with another user's experience. This includes harassing other users; (c) remove or get around anything that stops misuse of the Services; (d) fake any TCP/IP packet header or any part of email or newsgroup headers, or use the Services or Content to send false source-identifying information; (e) grab or store personally identifiable information from other users without their permission; (f) break any law or regulation; or (g) help someone else do any of the above. We're not required to monitor or review the Services, Content, or what users post. But we can do it if we want to operate the Services, make sure people follow these Terms, or comply with the law.

(a) Disclaimers with Respect to Our Services and Content. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Services won't necessarily meet your needs or be available without interruption, security issues, or errors. We don't guarantee the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content. (b) Disclaimers with Respect to Third-Party Hardware. The Services and Game might require third-party hardware or devices ("Third-Party Hardware"). Company isn't responsible for Third-Party Hardware or any damage or problems that come from using the Services with it. You're responsible for reading any warnings or instructions that come with the hardware and making sure your use of the Services complies with them.

(a) COMPANY AND ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WON'T BE LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN TOLD ABOUT THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DON'T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS MIGHT NOT APPLY TO YOU. (b) USING THE GAME AND ANY THIRD-PARTY HARDWARE MAY AFFECT YOUR HEART AND BREATHING RATE, CAUSE MOTION SICKNESS OR DISORIENTATION, OR AGGRAVATE EXISTING MEDICAL CONDITIONS. YOU EXPRESSLY WAIVE COMPANY'S LIABILITY FOR RISKS THAT COME WITH USING THE SERVICES, AND COMPANY WON'T BE LIABLE FOR ANY CLAIMS ARISING FROM SUCH RISKS. (c) COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT WON'T EXCEED THE AMOUNTS YOU'VE PAID TO COMPANY FOR THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS, IF YOU HAVEN'T PAID ANYTHING, AS APPLICABLE. (d) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

(a) Mandatory Arbitration of Disputes. Any dispute, claim, or controversy arising from or relating to these Terms, their breach, termination, enforcement, interpretation, or validity, or your use of the Services or Content (collectively, "Disputes") will be resolved solely through binding, individual arbitration, not in a class, representative, or consolidated action. You and Company agree that the U.S. Federal Arbitration Act governs how these Terms are interpreted and enforced. You both waive the right to a jury trial or to participate in a class action. This arbitration clause survives after these Terms end. (b) Location of Arbitration. If you live in the United States, arbitration happens in your state of residence, to the exclusion of all other venues. (c) Exceptions. There are a couple of limited exceptions to Section 14(a): (i) Disputes that qualify for small claims court can be resolved there; and (ii) Disputes involving infringement or misappropriation of our intellectual property rights can go to court. (d) Opt-out: You can opt out of arbitration entirely and litigate any Dispute if you email us at support@arcadiamarket.space within 30 days of first agreeing to these Terms. (e) Conducting Arbitration and Arbitration Rules. The American Arbitration Association ("AAA") will conduct the arbitration under its Consumer Arbitration Rules (the "AAA Rules") as they exist then, except as modified by these Terms. Get the AAA Rules at www.adr.org or call 1-800-778-7879. The party starting arbitration submits a written Demand for Arbitration to AAA and notifies the other party as the AAA Rules specify. AAA provides a form Demand for Arbitration at www.adr.org. For claims of a few thousand or less, you choose whether the arbitration happens based on documents alone, through a phone or video hearing, or in person per AAA Rules. For higher claims, the AAA Rules determine if you get a hearing. Arbitration hearings take place in your county (or parish) unless you both agree otherwise. The arbitrator has exclusive authority over all issues regarding the interpretation, applicability, enforceability, and scope of this arbitration agreement. (f) Arbitration Costs. The AAA Rules govern who pays filing, administration, and arbitrator fees. We cover all those fees if your Dispute is for less than a few thousand, unless the arbitrator finds it frivolous. If we win, we pay our attorneys' fees and costs and won't ask you for them. If you win, you're entitled to attorneys' fees and expenses to the extent the law allows. (g) Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If your dispute goes to arbitration, the arbitrator can't consolidate another person's claims with yours or preside over any form of representative or class proceeding. If this provision is found unenforceable, the entire Dispute Resolution section becomes null and void. (h) Effect of Changes on Arbitration. Even though Section 1 talks about changes to Terms, if Company changes Section 14 "Dispute Resolution" after you first accepted these Terms, you can reject the change by emailing support@arcadiamarket.space within 30 days of when it became effective (as shown in the "Last Updated" date or Company's email to you). By rejecting the change, you're saying you'll arbitrate any Dispute under the version of Section 14 that existed when you first accepted these Terms. (i) Severability. Except for Section 14(g) ("Class Action Waiver"), if an arbitrator or court decides any part of these Terms is invalid or unenforceable, the rest still applies.

(a) Entire Agreement. These Terms and any document referenced in them make up the entire agreement between Company and you about the Services and Content. They replace any previous oral or written understandings or agreements between Company and you. (b) Severability. The provisions of these Terms will be interpreted as much as the law allows. If any provision is found unenforceable, the rest stay in effect. (c) No assignment. You can't assign or transfer these Terms to anyone else. (d) Notices. Any notices or communications from Company under these Terms, including changes to them, will be given at Company's discretion through (i) email, (ii) in the Game itself, or (iii) posting on the Site. (e) No Waiver. What either party does or doesn't do won't create any other rights except what's explicitly in these Terms. Company's failure to enforce any right or provision won't count as a waiver of it. Any waiver only works if it's in writing and signed by an authorized Company representative. Except as stated in these Terms, one party's use of a remedy doesn't affect its other remedies under these Terms or otherwise. 16. Contact Information. Questions about these Terms or the Services? Email support@arcadiamarket.space.