Arcademy Terms of Use

11th of October, 2021

 

The terms of this agreement (“Terms of use”), including by reference Privacy Policy, Cookie Policy and other policies, as the case may be, govern the relationships between you and I.T.E. PROGRAM PLATFORM LIMITED (hereinafter also referred to as “Company”, “we”, “us”) regarding your use of our website, applications and related services (the “Service”) including all information, text, graphics, software, and services, available for your use. By reaching or using the Service, which may include, but is not limited to, browsing or using the website, downloading and/or using the applications you accept the following Terms of use. If you do NOT agree to all these Terms of use, please do NOT use our Service.

We are authorized to amend the Terms of use at any time, with the amended Terms of Use effective as soon as they are posted on this website and/or in the application. Please check the most current Terms of use to ensure that you are aware of all the terms and conditions regulating your use of our Service.

We reserve the right to make changes to or update the content of the website and our applications or the format thereof at any time and without any notice. We reserve the right to terminate or restrict access to the website for any reason whatsoever at our sole discretion.

BY CONTINUING TO USE OUR SERVICE YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST OF 18 YEARS OF AGE AND MAY LEGALLY AGREE TO THIS AGREEMENT. THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY MISREPRESENTATION OF YOUR AGE.

WARRANTIES AND DISCLAIMERS

ALL INFORMATION, SOFTWARE AND/OR SERVICES CONTAINED OR PROVIDED VIA WEBSITE OR APPLICATION ARE PROVIDED “AS IS”. WE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF OUR INFORMATION, SOFTWARE AND/OR SERVICES. WE MAKE NO WARRANTY, REPRESENTATION, OR GUARANTY THAT ANY INFORMATION, SOFTWARE AND/OR SERVICES BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT SERVICE IS FREE OF VIRUS OR OTHER HARMFUL COMPONENTS.

WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS OF ANY KIND IN INFORMATION, SOFTWARE AND/OR SERVICES.

WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR USE OF THE SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATION OR WARRANTY. THE SERVICE IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO CASE SHALL I.T.E. PROGRAM PLATFORM LIMITED BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY ITS INFORMATION, SOFTWARE AND/OR SERVICES REGARDLESS OF WHETHER I.T.E. PROGRAM PLATFORM LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REACHING OR USING ANY OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

WE DO NOT INTEND TO OFFER THE SERVICE IN PROHIBITED JURISDICTIONS. IF YOU ARE LOCATED IN A PROHIBITED JURISDICTION, YOU MAY NOT USE THE SERVICE, EVEN IF IT IS ACCESSIBLE ON YOUR DEVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LEGAL CONSEQUENCES OF USING THE SERVICE IN A PROHIBITED JURISDICTION.

SERVICE

This Terms of Use (including, but not limited to, Privacy Policy and Cookie Policy) is a binding agreement between Us and You regarding the use of Service:

1)    Website, which means https://arcademy.live ,

2)    Application, which means Arcademy application available through mobile web or mobile app stores (such as App Store, Google Play).

Arcademy is a remotely controlled, not programmed amusement skill-based game, commonly known as a claw or crane game, which allows users to pick up a prize in the machine physically located in any location defined by us.

BECOMING A USER

Becoming a user of our Service is free and does not require any registration. However, if you decide not to register, you will be restricted from access to the particular products, resources and/or features of our Service. For registration you should follow the instructions provided via our registration form.

When you register for an Arcademy account, you undertake to provide truthful, accurate and complete information about you and maintain such information updated. You may have only one account for the Service. If you have more than one account and/or you have provided untrue, inaccurate or incomplete information about you, all of your accounts may be suspended or terminated without any notice and any prize being processed for any of your accounts may be cancelled consequently.

It is your responsibility to maintain your registration data (e.g. login and password) confidential and we cannot be held liable for any damages caused by any third party using your registration data regardless whether we knew or should have known of such use. If you believe that your registration data was compromised, you should immediately change your password. You are not allowed to assign or transfer your account to any third party.

We reserve the right to terminate your account if we find out that you infringe this Terms of use or any of our legitimate rights and interest or those of third parties. If your account is terminated you may lose any data, in-game currency and virtual goods associated with your account. We reserve the right to refuse to maintain account for or provide any Service to anyone at our sole discretion.

You understand and consent to the fact that we may publicly display your username, profile picture (if any), game records and prizes, and to use this information for promotional purposes without any notice at any time at our sole discretion.

MINORS

Our Service is not intended to be used by children under 18 years of age. If we believe that you are under 18 years of age, we reserve the right to terminate your account and/or restrict your access to our Service. We do not carry out any children-oriented activities or incentives and do not appeal to children with any of our marketing or promotional activities. We rely on parents or legal guardians to control their children and make our best efforts to prevent children from using our Services.

CREDIT CARDS AND PAYMENTS

You may be required to specify valid credit card information for use of certain content or features of Service. You shall maintain the credit card information updated. Any charges associated with use of Service will be billed to that credit card. You undertake to pay any such charge that may arise in connection with your use of the Service.

For the processing of payments we may use third-parties’ solutions, therefore, you may be required to accept the corresponding third party’s terms of use and privacy policy which will govern your use of the respective service.

In-game currency

For the purpose of use of the Service you may be offered to buy in-game virtual currency (coins or play credits). Once purchased the in-game currency is credited to your balance. The in-game currency may not be redeemed with real-world money, exchanged or traded and shall be used only for use of Service. The in-game currency once used is not refundable with no regard to exit of the use of Service. You hereby acknowledge and consent that upon the in-game currency is spent the transaction is final, and you may not present any complaint or claim with regard thereto. We reserve the right to manage, control, change or cancel the in-game currency or the way it may be used at any time at our sole discretion without any notice. The Service, including, but not limited to, prizes may be discontinued or modified by us at our sole discretion without any notice. The in-game currency may only be held by residents of those countries or states where the use of Service is permitted.

You acknowledge and consent that your in-game currency, information or data, including about prizes, is to be irrevocably deleted if at least one of the following occurred:

        Your account is expired, deleted or terminated;

        The Application or any its data is deleted from your device.

In case of Application, any purchases made by accident and/or were not authorized shall be handled through the app store provider (e.g. Apple, Google, etc.) and any request for refund or cancelation shall be processed through the resolution center of the respective app store provider under their terms and conditions.

In case of web version, any purchases made by accident and/or were not authorized shall be handled through support@arcademy.live.

In case you have any in-game currency on your balance which were not used by you, you may provide a written request for its withdrawal within fourteen days from the purchase via support@arcademy.live. The request may be sent only regarding such in-game currency which was bought and not received by other means (e.g. as a prize or promotion). We are aiming to handle withdrawals within five business days from receipt of your request, however, this term may be prolonged due to the load. The refund will be carried out through the same payment mean used by you for the purchase.

LICENSE AND RESTRICTIONS OF USE

Subject to your compliance with these Terms of use we grant you a personal, non-exclusive, non-transferable, non sublicensable, revocable and limited license to use the Application. Your use of Application shall be solely for your own private, non-commercial purpose. If for any reason the effect of these Terms of use (as may be amended) is expired or terminated the license contained herein shall be deemed terminated as well. If the Service or any part of it under the laws of the country or state you reside becomes illegal, you shall not be granted with the license contained herein and you must refrain from the use of Service immediately.

All objects placed in our Service, including design elements, text, graphic images, illustrations, videos, scripts, software, music, sounds and other objects and their collections (together “Content”) that constitute intellectual property of I.T.E. PROGRAM PLATFORM LIMITED or its suppliers, licensors or partners and protected by copyright law. When using Service, you do not obtain any title in Service or Content in whole or in part.

You hereby expressly agree that you will not do any of the following prohibited acts:

        copy (reproduce), process, distribute, display in the frame, publish, download, transfer, sell or otherwise use in full or in part the Content except as permitted by these Terms of use;

        attempt, permit, assist or act to decompile, reverse-engineer, disassemble or otherwise reduce the Service in whole or in part;

        use or deploy any program, method, system, mean or device that place unreasonable load on or modify the Service;

        obtain or attempt to obtain any users’ data;

        interrupt, harass, disturb, upload or place viruses, worms or Trojan horse or any other malicious software within the Service;

        cheat, use any automated means for obtaining prizes from the Service;

        email, post or upload or otherwise transmit any material that is unlawful, harmful, abusive, threatening, tortuous, defamatory, obscene, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

        upload, post, transmit or otherwise email any unsolicited or unauthorized promotional materials or advertisements;

        use, promote, facilitate or instruct others to use the Service for any illegal or immoral purpose.

USER GENERATED CONTENT

You grant I.T.E. PROGRAM PLATFORM LIMITED a non-exclusive right to use on a free of charge basis any content you may upload or publish through the Service and which lawfully belongs to you for the period of placement of such content through the territory of the whole world. We reserve the right to transfer these rights described in this clause to the third parties. You are solely responsible for your content. We may, but have no obligation to, monitor, edit, block or remove your content at any time for any reason at our sole discretion.

THIRD-PARTIES SERVICES AND LINKS

The Service contains (or may contain) links to other web-sites, services or products (Third-Parties’ Services) as well as articles, photos, illustrations, graphic images, music, sound, video, information, applications, software and other content belonging to or originating from third parties (Third-Parties’ Content), which is the result of intellectual activity and is protected by the respective copyright laws. We do not check such Third-Parties’ Services and/or Third-Parties’ Content and do not bear any liability with respect thereto. If you leave the Service for any Third-Parties’ Services, you acknowledge that you do it at your sole discretion and risk you expressly disclaim all liability of the Company with respect thereto.

We do not endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made throughout the Service unless it is made by the Company’s official representative.

PRIZES

While using the Application you can pick up a prize with the help of your skills, however, we make no representation nor guarantee regarding any prize except to arrange the shipment as described below. The prizes are products of third parties and are not under our control or responsibility. We have no liability with respect to the prizes, including with respect to quality, defects, color, variations from the picture, including any claim under product liability laws.

 

We will ship the prizes to the address specified by you subject to your payment of any required shipping and handling fees. Thus, you acknowledge and guarantee that you will pay any such required shipping and handling fees which may vary depending on your location and will be specified according with the applicable third-party courier services once you claimed the delivery; this may include purchase of the in-game currency for the purpose of payment of the entailed fees. We reserve the right at our sole discretion to provide you with free shipping as a part of our promotional campaigns as the case may be. We aim to deliver the prizes within a ten-week period and make all reasonable effort to ship your prizes timely, nonetheless, the shipping services are provided by the third-parties’ services, consequently we cannot guarantee exact shipping time. If there is a high or unusual number of shipments your prize delivery may be delayed. No shipment insurance is provided.

For avoidance of any doubts, in case you obtain more than one prize through a single use of the Service you will be entitled to receive only one prize. Any prize you obtain through the use of the Service shall be claimed by you within a thirty-day period. Upon expiration of this thirty-day period you are not entitled to claim the prize. We may allow you to choose to convert the prize to the in-game currency.

You will be responsible for any customs duties or procedures that may apply in your country. You will be responsible for any use tax, sales tax, value-added tax or other taxes that may apply.

If a prize is returned to us as undelivered, we may, but are not obliged to, contact you to try to arrange for reshipment. If we do contact you and you do not respond promptly, the prize will be forfeited.

If the prize received by you is broken or damaged, you shall contact us via support@arcademy.live within seven calendar days to solve the issue. You may be required to return the broken or damaged prize to us at your own cost. Upon your timely notice and the delivery of the returned broken or damaged prize we will ship you a replacement prize. In case an identical prize replacement is not possible due to the prize being out of stock or otherwise not practicable, we will suggest you an alternative prize of equal price and we will ship you the prize of your choice at our own cost.

GOVERNING LAW AND DISPUTES

These Terms of use shall be governed by the laws of the Republic of Cyprus without regard to principles of conflict of laws. Any dispute arising from the use of the Service and/or from these Terms of use shall be firstly delivered to us via support@arcademy.live. In case the dispute is not resolved through the negotiations within a ninety-day period, it shall be delivered to the competent court of the Republic of Cyprus. You hereby agree that you will not participate in any class action in connection with the Service or these Terms of use.

INDEMNIFICATION

To the extent permitted by law, you are responsible for damages incurred by us resulting from your use of the Service. You agree to defend, indemnify and hold harmless the Company from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (i) your use of the Service, (ii) any breach of these Terms of use, the Privacy Policy or any other policies posted in the Service from time to time and (iii) any claim that your User Generated Content caused damage to any third party.

COMMUNICATIONS

You agree that we can communicate with you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Service, or for other purposes we deem appropriate.

Any questions relating to the Service or these Terms of use shall be delivered by you via support@arcademy.live or physically to:

Ambelakion, 38B, Potamos Germasogias, 4046 Limassol, Cyprus. 

 

GENERAL

If any of the terms or conditions of these Terms of use shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of use.

These Terms of use, the Privacy Policy and any other policies posted in the Service from time to time, constitute the complete agreement between you and us with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and us.

I.T.E. PROGRAM PLATFORM LIMITED, HE 413961, Ampelakion, 38B, Potamos Germasogias, 4046, Limassol, Cyprus