All You Can Arcade LLC
Terms and Conditions
1. Your Agreement With All You Can Arcade
Your use of All You Can Arcade’s website (“Service”) and/or your rental and use of an All You Can Arcade game (“Arcade Rental”) is subject to these terms and conditions (“Terms”). “All You Can Arcade” and/or “we” and/or “our” and/or “us” means All You Can Arcade which is owned by All You Can Arcade, LLC, a duly authorized California Limited Liability Company located in Contra Costa County, California.
Your acceptance of the Terms is a precondition to your use of our Service and/or Arcade Rental, and your acceptance is demonstrated either by you clicking on the box accepting these terms as part of the registration process or by your use of the Services. We may change these terms at any time, and new terms will be located at www.allyoucanarcade.com/terms. You agree that your use of the Service after new terms are posted constitutes your agreement to the new terms whether or not you have chosen to check the box and read the new terms. All of the users of our Service, including yourself, are identified as”Users”.
2. Your Account with All You Can Arcade
When registering with All You Can Arcade 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 All You Can Arcade login 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 as provided in Section 13(B) of the Terms. 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 All You Can Arcade website, and you will not access or attempt to access the Service by any other means. 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. All You Can Arcade reserves the right to refuse and/or cancel a User’s registration in its sole discretion. 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.
3. Your Qualifications for Arcade Rental
(A) 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 (see Section 4F) that may be assessed in the event you fail to return our Arcade Game(s) in compliance with these Terms.
(B) 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)
(C) All You Can Arcade reserves the right to refuse deliver of an Arcade Game to you and/or to cancel the rental of an Arcade Game already delivered, if in its sole discretion it determines that the conditions and circumstances of the security and safety of the location poses an unreasonable risk of loss of the Arcade Game. This discretion may be exercised at any time including, but not limited to, the time of delivery or after delivery.
4.) Terms of Arcade Game Rental
(A) Once you establish a registered account with us, you may use our Website to identify available Arcade Games and your preferred date of availability. You may select a proposed delivery date which must be at least three business days following your request to place an order. The rental period for arcade games is one calendar month (“Rental term”) for your personal, non-commercial use.: 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 $99 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.
(B) Your credit card will be charge $99 per Rental Term for each Arcade game you rent from us. Your rental 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. We accept Visa, MasterCard, American Express and Discover debit and credit cards (“Card” or “Cards”). 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.
(C) 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.
(D) 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 identified in Section 3(B) of these Terms.
(E) 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 three days 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 in accordance with section, 4(F)
(F) 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 $99 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 $1,200. 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.
(G) 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).
(H) You agree to indemnify us and hold us harmless from any claim for personal injury or property loss brought against us by one or more third parties in connection with the Arcade Game you have rented.
(I) You will maintain and use the Arcade Game in a careful and cautious manner, including but not limited to the following:
**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.
5. Warranty and Liability Limitation
(A) YOUR USE OF OUR SERVICE AND/OR ARCADE RENTAL IS AT YOUR SOLE RISK AND OUR SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE”.
(B) WE MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF OUR SERVICE AND/OR ARCADE GAMES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) USAGE DATE PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, AND (D) THAT OUR ARCADE GAMES WILL BE FREE OF PHYSICAL DEFECTS.
(C) WE ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGAES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUATION, ANY LOSS OF DATE SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS.
6. Prohibited Conduct and Activities
You will not utilize the Service yourself to engage in or facilitate others to engage in the following prohibited conduct or activities:
(A) Generate or facilitate unsolicited commercial email. (“spam”), including but is not limited to sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law, imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam; data mining any web property to find email addresses or other user account information; sending unauthorized mail via open, third-party servers; sending emails to users who have requested to be removed from a mailing list; selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
(B) Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene or otherwise objectionable content.
(C) Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
(D) Conduct or forward pyramid schemes and the like or transmit content that may be harmful to minors.
(E) Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
(F) Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission.
(G) The Use of Our Service to violate the legal rights (such as rights of privacy and publicity) of others or promote or encourage illegal activity.
(H) The Use of Our Service to interfere with other users’ enjoyment of the Service.
(I) Sell, trade, resell or otherwise exploit Our Service for any unauthorized commercial purpose.
(J) Modify, adapt, translate, or reverse engineer any portion of Our Service
(K) Remove any copyright, trademark or other proprietary rights notices on Our Service or reformat or frame any portion of the web pages that are part of the user interface.
(L) The Use of Our Service in connection with illegal peer-to-peer file sharing.
(M) Violate any law, statute, ordinance or regulation (including but not limited to those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
7. Obligation of Clients and All You Can Arcade Rights
(A) We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, refuse or remove any of your applications from Our Service. You agree to immediately cease any activity which violates this agreement, with or without notice from Us. In the event that You elect not to comply with a request to remove a listing or otherwise cease activity in violation of this Agreement, We reserve the right to directly remove your listing and proceed with any other action we deem necessary in this circumstance.
(B) All You Can Arcade reserves the right to terminate your account and/or remove any listing which violates this Agreement.
(C) You agree that you are solely responsible for and that We have no responsibility to You or to any third party for any listing created, transmitted or displayed while using the Service and for the consequences of your actions by doing so.
(D) You agree that We have no responsibility or liability for the deletion or failure to store any data or content and other communications maintained or transmitted through the use of Our Service.
8. Intellectual Property Rights
(A) You acknowledge and agree that We own the legal right, title and interest in and to our Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
9. Modification and Termination of Service
(A) You acknowledge and agree that the form and nature of Our Service may change from time to time without prior notice to you.
(B) You may discontinue your use of Our Service at any time. We may, at any time, terminate your use of Our Service if (A) 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 (B) if we are required to do so by law *for example, where the provision of Our Services to you is, or becomes, unlawful). Furthermore, we may terminate your use of Our Service for any reason with or without notice.
(C) Upon any termination of the Service, these Terms will also terminate, but Sections 10 shall continue to be effective after these Terms are terminated.
10. Your Indemnification of All You Can Arcade
You agree to hold harmless and indemnify All You Can Arcade and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, independent contractors or partners, from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your content of your application, including any liability or expense arising from all claims, losses, damages, (actual and consequential), suits, judgments, litigations costs and attorneys’ fees, of every kind and nature. In such a case, we will provide You with written notice of such claim, suit or action.
12. Personal Liability
If you are a corporation or a limited liability company, the shareholders (in the case of a corporation or the members (in the case of an LLC)) shall be jointly and severally liable with You for your obligations herein.
13. Additional Terms
(A) Successors and Assigns. This agreement shall be binding upon and inure to the benefit of the assigns, successors in interest, personal representatives, designated beneficiaries and heirs of the respective parties to it.
(B) Notice. You agree that we may provide You with notices by email or postings on the Service. When you are required to give us notice under this Agreement, you may do so by email to the email address provided in this section now or as amended in the future. Notices from you must include your name, address, telephone number and your All You Can Arcade Login name.
Notices to All You Can Arcade:
All You Can Arcade
Notices to You
To the email address provided when establishing your account or as later amended by you.
(C) Governing Law and Venue and Arbitration. This agreement shall be construed pursuant to the laws of the State of California, and the exclusive jurisdiction and venue for any legal action shall be in Contra Costa County, California. We agree that all disputes in excess of $4,000 shall be resolved by binding arbitration under the auspices and rules of the American Arbitration Association.
(D) Severability. It is intended that each provision of this Agreement be viewed as separate and divisible. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
(E) Sole Agreement. This Agreement and the exhibit attached hereto constitute the sole and only agreement of the parties hereto respecting the subject matter herein, and correctly set forth the rights, duties and obligations of each to the other in relations thereto as of its date. There are no promises, negotiations, conditions, understandings or representations, either oral or written, between the parties concerning its subject matter other than as expressly set forth in this agreement.