TERMS OF SERVICE



Welcome to ULTIMATEARCADE.COM & ULTIMATEARCADEINC.COM(the "Site," "we," "us," or "our"). PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by Ultimate Arcade, Inc., Inc. (referred to as "Ultimate Arcade, Inc.," or “Ultimate Arcade, Inc.”). "You" are the person or entity using the Site, submitting User Materials, ordering or using Applications.

By using this Site, clicking on a button indicating your consent, or ordering or using certain applications, services or software, and content such as games, either at no charge or for a fee (such applications, services, software and any related content provided by Ultimate Arcade, Inc. or its licensors is referred to herein collectively as "Applications"), you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Nevada law. YOUR AFFIRMATIVE ACT OF USING THIS SITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF SERVICE. If you do not agree to these Terms, you do not have permission to use the Site. Ultimate Arcade, Inc.reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.

Payment terms and refund information (if applicable) for Applications and other products are provided in the ordering process and/or on the Help page in connection with ordering that product.

You may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Site.

1. REGISTRATION AND ORDERING OBLIGATIONS
In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. In addition, you represent that you are of legal age to form a binding contract and you agree to update information provided in connection with registration or the ordering process in order to maintain its truth, accuracy and completeness. The Site subscription is intended for adults or for children with adult supervision; children under 13 years of age may not create user accounts. If you provide information that Ultimate Arcade, Inc.believes to be inaccurate, not current, or incomplete, or if you select a username that Ultimate Arcade, Inc.in its sole discretion finds offensive or inappropriate, Ultimate Arcade, Inc.has the right to suspend or terminate your account and refuse any and all current or future use of the Site. .


2. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site or Ultimate Arcade, Inc.may, at Ultimate Arcade, Inc.'s option, be conducted electronically. Ultimate Arcade, Inc.may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

3. OBLIGATION FOR USING YOUR PASSWORD
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Ultimate Arcade, Inc.immediately to authorize Ultimate Arcade, Inc.to deny access to the Site to anyone else presenting your password.

4. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
Ultimate Arcade, Inc.hereby grants you the limited right to view and use the Site only for the purposes of viewing or playing content such as games, posting Materials, using the embedded link function, placing product orders or for accessing information, Applications and services. Ultimate Arcade, Inc.reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 18. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Ultimate Arcade, Inc.. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from Ultimate Arcade, Inc., you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site, games, Applications, widgets, and/or any of the assets displayed in this site for any commercial purpose.


The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:

  1. You understand that all postings, messages, user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, files and other materials of any nature ("User Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the User Materials originated. This means that the person who submitted the User Materials, and not Ultimate Arcade, Inc., is entirely responsible for the User Materials transmitted through the Site. Further, you understand that by using the Site you may be exposed to User Materials that are offensive, objectionable or indecent. You agree that you must evaluate, and bear all risks associated with, the use of any User Materials, that you may not rely on said User Materials, and that under no circumstances will Ultimate Arcade, Inc.be liable in any way for any User Materials or for any loss or damage of any kind incurred as a result of the use of any User Materials posted, emailed or otherwise made available via the Site.

  2. When uploading User Materials to the Site, you agree to select an accurate category for your User Materials. In addition, you agree that you will refrain from using tags that do not pertain to the User Materials you uploaded or that infringe upon anyone else's trademark or other intellectual property.

  3. You shall not create a user name or screen name or upload to, distribute through or otherwise publish through the Site any User Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.

  4. Your User Materials, user name and/or screen name will not disparage in any manner Ultimate Arcade, Inc., its Licensors, or their Applications, products, or services and sites.

  5. Your User Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.

  6. You shall not upload to, distribute through or otherwise publish through the Site any User Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services, including but not limited to “chain letters” “promo-codes”, ”pyramid schemes”, “spam”, “badware” and “spyware”. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.

  7. When uploading User Materials to the Site, you agree that your User Materials may be linked to or displayed by non- Ultimate Arcade, Inc.websites and you consent to such linking or display.

  8. You shall not upload to, distribute through or otherwise publish through the Site any User Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

  9. You agree not to post or otherwise make available User Materials that disrupt the normal flow of message board dialogue with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to use message boards.

  10. You agree not to employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Materials transmitted through the Site.

  11. You agree not to post or otherwise make available User Materials that impersonate any person or entity, including but not limited to an Ultimate Arcade, Inc.employee, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  12. You agree not to post or otherwise make available User Materials that include personal or identifying information about another person without that person's explicit consent or that is false, deceptive, misleading, deceitful, or misinformative.

  13. You agree not to use message boards to contact anyone who has asked not to be contacted; “stalk” or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; to post repeatedly the same or similar messages or otherwise impose unreasonably large loads on our infrastructure; use automated means, including spiders, robots, crawlers, or other data-mining tools or the like to download data from the message boards.

  14. If you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in Ultimate Arcade, Inc.'s sole and absolute discretion. Ultimate Arcade, Inc.reserves the right to disable embedded links at any time without notice.


You acknowledge that Ultimate Arcade, Inc. may not pre-screen (but reserves the right to pre-screen) any User Materials posted by you or other users. Ultimate Arcade, Inc. and its designees shall have the right (but not the obligation) in their sole and absolute discretion to re-categorize, refuse or remove any User Materials, as well as terminate your access to the Site. Ultimate Arcade, Inc. may establish practices and limits concerning the use of the Site and Applications, including the maximum disk space that will be allotted to your use. You agree that Ultimate Arcade, Inc. has no liability or responsibility for the storage or deletion of any User Materials that you submit or post. Ultimate Arcade, Inc. reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.

Violations of Terms and Liquidated Damages

If you believe that any content on the Site (including, without limitation, User Materials) violates any of the terms of this Agreement, please email to: legal AT UltimateaArcade dot com us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Ultimate Arcade, Inc.liquidated damages as follows:

  1. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Ultimate Arcade, Inc.a minimum of one thousand dollars ($1,000) for each such message.

OtherwiseIn addition, you agree to pay Ultimate Arcade, Inc.’s actual damages, to the extent such actual damages can be reasonably calculated.

5. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
Ultimate Arcade, Inc.may offer you the ability to use Applications. For example, Ultimate Arcade, Inc.may provide chat areas, bulletin boards, e-mail functions, services that allow you to download specific content from the Sites to your computer, multi-player games and software that allows you to create games, greetings, puzzles, photographs, musical compositions and mixes, music videos and cartoons. Without limiting your obligations and restrictions described in Section 4, your limited license to use the Applications is subject to the following conditions:

The Applications that are made available to you are the copyrighted work of Ultimate Arcade, Inc.and/or its suppliers, partners and affiliates. Such Applications will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Service govern your use of such Applications. We grant you a personal, non-exclusive, non-transferable, limited license to install the Applications on any single computer. The Applications are protected by copyright and other intellectual property laws and treaties and are owned by Ultimate Arcade, Inc.or Ultimate Arcade, Inc.’s suppliers. You may not sell or redistribute the Applications. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the Applications or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the Applications in any way or remove proprietary notices in the Applications. You agree to abide by all laws and regulations in effect regarding your use of the Applications. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

Ultimate Arcade, Inc.may cease support of any Application at any time in its sole discretion, as further described in Section 18.

You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the Applications, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

6. INTELLECTUAL PROPERTY RIGHTS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER Ultimate Arcade, Inc., ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. EXCEPT FOR USER MATERIALS SUBMITTED BY YOU, NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.


We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us.


Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by Ultimate Arcade, Inc.. Accordingly no such content or Applications may be used on another web site without express written permission from Ultimate Arcade, Inc..

7. PRIVACY POLICY
Ultimate Arcade, Inc.respects your right to privacy and understands that visitors to Ultimate Arcade, Inc.need to be in control of their personal information. To that end Ultimate Arcade, Inc.has developed a Privacy Policy , and you should review it carefully. Your use of the Site is your consent to the Privacy Policy.

8. SUBMITTING USER MATERIALS AND LICENSE GRANT
You understand that whether or not such User Materials are published on the Site, Ultimate Arcade, Inc.does not guarantee any confidentiality with respect to any submissions. Ultimate Arcade, Inc.does not want to receive confidential or proprietary information from you through the Site or by email. In the absence of an express written agreement between you and an authorized Ultimate Arcade, Inc.officer, any User Materials, information or idea you transmit to Ultimate Arcade, Inc.by any means may be disseminated or used by Ultimate Arcade, Inc.or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing entertainment products. You acknowledge, however, that because of Ultimate Arcade, Inc.'s and its affiliates’ position in the entertainment industry, other persons, including Ultimate Arcade, Inc.'s employees, may have submitted to Ultimate Arcade, Inc.or to others, or may have made public, or may hereafter create, submit to Ultimate Arcade, Inc.or make public, similar or identical material that Ultimate Arcade, Inc.may have the right to use. You understand and agree that Ultimate Arcade, Inc.'s use of material similar to or identical with the User Materials or containing features or elements similar to or identical with those contained in the User Materials will not obligate Ultimate Arcade, Inc.to negotiate with you, nor will it entitle you to any compensation of any kind. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions. Unless you enter into a separate written agreement with Ultimate Arcade, Inc., Ultimate Arcade, Inc.does not claim ownership in User Materials you submit; however, by submitting User Materials in any form to Ultimate Arcade, Inc., in addition to other provisions of the Terms, you hereby waive any and all moral rights in connection with the User Materials and you automatically grant Ultimate Arcade, Inc.a royalty-free, world-wide, non-exclusive, sub-licensable (through multiple tiers), and assignable right and license but not the obligation, to use, copy, publicly perform, publicly display, exhibit, broadcast, edit, (e.g., for promotional uses, dubbing, subtitling, translating, time constraints, and censorship rules), adapt, promote, package with other works, distribute, transmit, manufacture, market, license, rent and lease the User Materials, or any portion thereof, and sublicense others to do so (including through multiple tiers), in all languages, via all distribution channels in all media now existing or later invented, including but not limited to distribution via the Internet, wireless protocols, hard media, television, and downloading. The foregoing license granted by you terminates once you, or Ultimate Arcade, Inc., remove or delete a User Material from the Site. Notwithstanding anything herein to the contrary, the foregoing license shall survive with respect to any sublicenses granted by Ultimate Arcade, Inc.until such sublicenses terminate or expire. You obtain no rights in any form, media, or technology incorporating the User Materials. Where you do not have control over removal or deletion of your User Material, you may forward a written removal request to Ultimate Arcade, Inc.’s legal department to request removal of your User Material, which removal shall take place within three (3) business days of Ultimate Arcade, Inc.’s receipt of your written request. Please fax your request to the attention of the legal department at 805.581.2354

9. INDEMNITY
You agree to indemnify and hold Ultimate Arcade, Inc., its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and User Materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.

10. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Ultimate Arcade, Inc., THE SITE AND APPLICATIONS, CONTENT, AND USER MATERIALS OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. Ultimate Arcade, Inc.HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN ADDITION, Ultimate Arcade, Inc.DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.

11. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT Ultimate Arcade, Inc.SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

12. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER Ultimate Arcade, Inc.NOR ANY OF Ultimate Arcade, Inc.'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF Ultimate Arcade, Inc.HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY Ultimate Arcade, Inc.OR ANY OF Ultimate Arcade, Inc.’S AFFILIATES OR AGENTS SHALL BE, AT Ultimate Arcade, Inc.’S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON Ultimate Arcade, Inc.; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO Ultimate Arcade, Inc.. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of Ultimate Arcade, Inc., Ultimate Arcade, Inc.'s suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you are 18 years old or an emancipated minor who possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the User Materials you submit to the Site and the User Materials are original to you; (g) the User Materials you submit to the Site do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the User Materials you submit to the Site do not constitute defamation or libel or otherwise violate the law, (i) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Materials to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the applicable Site and these Terms of Service; and (j) you agree to defend, indemnify, and hold Ultimate Arcade, Inc.(and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).

15. LINKS AND ADVERTISERS
The Site contains links to third party sites that are not under the control of Ultimate Arcade, Inc.and Ultimate Arcade, Inc.is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Ultimate Arcade, Inc.provides links only as a convenience and the inclusion of the link does not imply that Ultimate Arcade, Inc.endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Ultimate Arcade, Inc.shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

16. INTERNATIONAL USAGE
This Site is controlled and operated by Ultimate Arcade, Inc.from its offices within the State of Nevada, United States of America. Ultimate Arcade, Inc.makes no representation that the Site, Applications, or related information offered by Ultimate Arcade, Inc.are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17. OWNERSHIP
Except for the User Materials, the Site, Applications, and related information are the exclusive property of Ultimate Arcade, Inc.or its suppliers. All rights not licensed herein are hereby reserved to Ultimate Arcade, Inc.or its suppliers.

18. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, Ultimate Arcade, Inc.may terminate or cancel your access rights to the Site and/or Applications immediately without notice. Ultimate Arcade, Inc.may also block your use of the Site and/or Applications or direct you to cease using it. If you repeatedly violate these Terms, Ultimate Arcade, Inc.will permanently suspend your access right to the Site and/or Applications. Ultimate Arcade, Inc.reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that Ultimate Arcade, Inc.shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.

19. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Nevada. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Nevada, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Nevada law.

20. ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and the disclosures provided by Ultimate Arcade, Inc.and the consents provided by you, constitute the entire agreement between you and Ultimate Arcade, Inc.. If any provision of these Terms and/or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and/or the Privacy Policy, as applicable, and shall not affect the validity and enforceability of any remaining provisions. Ultimate Arcade, Inc.'s failure to act with respect to a breach by you or others does not waive Ultimate Arcade, Inc.'s right to act with respect to subsequent or similar breaches.

21. AMENDMENTS
You agree that Ultimate Arcade, Inc. may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from Ultimate Arcade, Inc. to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by Ultimate Arcade, Inc. and by you.

22. NOTICES
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to Ultimate Arcade, Inc.If applicable law requires that Ultimate Arcade, Inc.accepts email notices (but not otherwise), then you may send Ultimate Arcade, Inc.email notice to: legal@ AT UultimateAarcade.com dot COM. With respect to Ultimate Arcade, Inc.'s notices to you, Ultimate Arcade, Inc.may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, Ultimate Arcade, Inc.may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.