Effective Date: October 08, 2018
Last Updated: November 28, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Rcade mobile application (the "Service") operated by Rcade, LLC (“Rcade”, "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
We may, from time to time, change or modify these Terms of Service. We will post the changes here and will provide notification on this page with the date the terms were last revised. All changes will be deemed effective within ten (10) days after they are posted, except that revisions regarding new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS PROVIDE INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS ARISING OUT OF USE OF OUR SERVICE. THESE TERMS OF SERVICE IMPOSE ON YOU AN AGREEMENT TO ARBITRATE ANY DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE.
YOUR AGREEMENT TO ARBITRATE REQUIRES THAT CLAIMS AGAINST US BE SUBJECT TO BINDING AND FINAL ARBITRATION. ADDITIONALLY, YOU ARE ONLY PERMITTED TO PURSUE CLAIMS AGAINST RCADE, LLC ON AN INDIVIDUAL BASIS, (NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING) AND RELIEF SOUGHT SHALL BE LIMITED TO THAT OF AN INDIVIDUAL BASIS.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Rcade, LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Rcade, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Rcade, LLC may establish general practices and limits concerning use of the Service. Among those general practices and limits may include the duration that data or other content will be retained by Rcade, LLC and the maximum storage space that will be provided on Rcade LLC’s servers for your use. You agree that Rcare, LLC has no responsibility or liability for the deletion or failure to store any of your data or other content maintained or uploaded to Rcade LLC’s servers. You acknowledge that Rcade, LLC may terminate accounts that are inactive for an extended period of time and that Rcade, LLC may change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that may be available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (hereafter, collectively, “Mobile Services”). If you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply and are never the responsibility of Rcade, LLC. Any functions of Mobile Services which may be prohibited or restricted by your carrier are not the responsibility of Rcade, LLC. Not all Mobile Services work with all carriers or devices.
By using the Mobile Services, you agree to communicate with us via SMS, MMS, text message or other electronic means to your mobile device. In so doing, you acknowledge that certain information about your usage of the Mobile Services may be consequentially communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Rcade, LLC account information to ensure that your messages are not sent to the person that acquires your former number.
Certain content and use of the Service or Mobile Services are prohibited by Rcade, LLC. Rcade, LLC reserves the right to investigate and take all necessary legal action against anyone who, in Rcade, LLC’s sole discretion, violates this provision. Rcade, LLC may also remove the offending content from the Service; may suspend or terminate any account of violators; and may report same to the appropriate law enforcement authorities.
The following examples of content and use of the Service or Mobile Services are prohibited by Rcade, LLC:
You agree to not use the Service to:
To the extent that any software is available for download through the Service, that Software is subject to United States export controls. Software may not be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Rcade, LLC assumes no liability whatsoever regarding the downloading or using the Software. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
You hereby agree not to make copies or derivative works of, or use commercially or otherwise, any display of the Service, in whole or in part, or any use of the Service, or access to the Service without the prior written permission to do so. You acknowledge that the Service is strictly for personal use.
Any and all submissions uploaded by you for whatever purpose intended are immediately subject to open and free use by Rcade LLC for any purpose and are expressly not subject to any conditions of confidentiality. Rcade, LLC is entitled to the unrestricted use and dissemination of your submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Rcade, LLC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Rcade, LLC, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Rcade Service facilities your ability to direct the collection and uploading of information or content stored by a third-party service, or from other gamers, or with whom you have commercial relationships, or with whom you maintain accounts or otherwise engage in transactions. You acknowledge that the uploading of this content grants permission for Rcade LLC or any Rcade LLC affiliate or associate to access this content and you expressly authorize such third parties to disclose and provide such content to us. Rcade makes no representations regarding this content and is expressly not responsible for any difficulties arising from the uploading or collection of such content.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
Copyright infringement notices must be in writing and we ask that you include the following information:
Please be advised that, under United States Copyright Act, you may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at email@example.com
The Service and its original content (excluding Content provided by users), features, appearance, and functionality are and will remain the exclusive property of Rcade, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries as applicable. Our copyrightable subject matter, trademarks and trade dress may not be used in connection with any product or service or in any other manner without the prior written consent of Rcade, LLC.
Our Service may contain links to third party web sites or services that are not owned or controlled by Rcade, LLC. Additionally, our Service may store and/or display content and materials of third parties including its users.
Rcade, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party, or their web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Rcade, LLC 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 third party content, web sites or services.
You acknowledge that Rcade, LLC will not pre-screen or review content. Nevertheless, Rcade reserves the right (but not the obligation) to refuse or remove any content that is available via the Service including, (without limitation), any content that violates these Terms & Conditions or is deemed by Rcade to be objectionable or offensive. You acknowledge that it is your sole responsibility to evaluate and accept any risks associated with the use of any third-party content, web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party content, web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Rcade, LLC shall be entitled to modify or discontinue the Service without notice. You hereby agree that you have no claim against Rcade, LLC for any modification, suspension or discontinuance of the Service.
You agree to release, defend, indemnify and hold harmless Rcade, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service, d)link to a thirdparty site, e) your violation of these Terms & Conditions, f) your violation of any rights of any other person associated in any manner with the use of this Service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction with any similar limitations, you hereby expressly waive any comparable statute or doctrine.
In no event shall Rcade, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Rcade, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Rcade Software applications are operable with Apple products as well as others. The following Terms & Conditions apply to your use of Rcade with Apple products:
Rcade and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Rcade software enabled for use on Apple products and that, upon your acceptance of these Terms and Conditions Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Rcade software as a third party beneficiary.
If you have any questions about these Terms, please contact firstname.lastname@example.org