2. Intellectual and Industrial Property Rights, Right of Privacy, Right of Image and other Rights
a. Content and presentation of the Website
The Website is an original creation of which the content, lay-out and structure are protected by intellectual property rights and/or other rights. The works or games provided by third parties (hereinafter “Third Party Works”) and works which are created by ArcadeSlash.com (including but not limited to texts, games, logos, drawings, pictures, images, sounds, audio, video and audiovisual files) (“ArcadeSlash.com Works”) are also protected by intellectual property rights and/or other rights. The ArcadeSlash.com Works and the Website are hereinafter jointly referred to as the “Works”.
Any use and reproduction for non-private and/or commercial purposes or for purposes for which it was not offered on the Website, any communication to the public, arrangement, adaptation, modification, filming, making images, photographs or drawings of, translation, making available, exploitation, distribution, commercializing, possession or offer for commercial purposes, putting into commerce, selling, dissemination, rental, lending, integration in another Website or medium, reverse-engineering or disassembling of a Work, in whole or in part, in any form, in any way and on any medium, without the ArcadeSlash.com’ prior, written and explicit consent, is prohibited.
Unless provided otherwise in the licensing conditions of the Third Party Works, any use and reproduction for non-private and/or commercial purposes or for purposes for which it was not developed or offered on the Website, any communication to the public, arrangement, adaptation, modification, filming, making images, photographs or drawings of, translation, making available, exploitation, distribution, commercializing, possession or offer for commercial purposes, putting into commerce, selling, dissemination, rental, lending, integration in another Website or medium, reverse-engineering or disassembling of a Third Party Work, in whole or in part, in any form, in any way and on any medium, without the owner of the intellectual property rights in the Third Party Works, written and explicit consent, is prohibited.
b. Trademarks and names
Trademarks and names mentioned on the Website, such as names of persons, products, authorities, trade names and corporate names, are legally protected.
a. Games and Works
All rights, title and interest in and to the Works (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, websites, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a ArcadeSlash.com game client, and the ArcadeSlash.com game clients and server software) are owned by ArcadeSlash.com. ArcadeSlash.com reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Works.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ArcadeSlash.com.
c. User Content
4. User Content
a. Content Screening
ArcadeSlash.com assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Works for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Works is at your own risk. By using the Works, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Works. At our discretion, our representatives or technology may monitor and/or record your interaction with the Works or communications (including without limitation chat text) when you are using the Works.
If at any time ArcadeSlash.com chooses, in its sole discretion, to monitor the Works, ArcadeSlash.com nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
b. Information Use by Other Members of the Works
I. Public Discourse
The Works may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. ArcadeSlash.com cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Works. ArcadeSlash.com shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
II. Responsible For Your Own Content
IV. User Interactions
You are solely responsible for your interactions with other users of the Works and any other parties with whom you interact through the Works. ArcadeSlash.com reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with ArcadeSlash.com to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting ArcadeSlash.com access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We, our content partners and our suppliers are not liable for any typing or other error, shortcoming or mistake in connection with the content of the Website or any other product that is any any way related to ArcadeSlash.com. In no case will ArcadeSlash.com be liable for any indirect or consequential damage, any damage to any hardware or devices, any loss of data, profit, turn-over, savings, customers or business opportunities, any damage to image or reputation and any moral damage.
Notwithstanding the foregoing, ArcadeSlash.com shall not be held liable for any direct or indirect damages resulting from any Third Party Works.
If a third party requests ArcadeSlash.com to provide him certain personal data in ArcadeSlash.com’ possession, custody or control in connection with an alleged illegal or otherwise unlawful act by the user and/or ArcadeSlash.com or an alleged violation by the user and/or ArcadeSlash.com regarding (1) any intellectual property right or any other right related to the Works, (2) Prohibited Use/Content, or (3) a legal or contractual obligation, ArcadeSlash.com may provide said personal data to said third party without notice, also if said third party is established outside the European Union.
We make no representation that Content on the Website and in Works is appropriate or available for use in locations outside the Netherlands, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Website from a location outside the Netherlands, you do so on your own initiative and you are responsible for compliance with local laws.
5. Hyperlinks from/to the Works
a. To Websites of third parties
ArcadeSlash.com does not control Websites to which hyperlinks are made available on the Website and ArcadeSlash.com cannot be held liable for any inappropriate, unlawful or illegal content on those Websites or for any hyperlinks available on those Websites to other Websites. The fact that the Website contains hyperlinks to other Websites does not imply an approval or quality guarantee by ArcadeSlash.com.
b. To the Website
It is prohibited to place on a Website, without ArcadeSlash.com’s prior, explicit and written consent, (1) any deeplinks or distribute links to compressed content in .zip or a similar format on the Website, and (2) any framed links or inline links to (any part of) the Website. In any case of linking to (any part of) the Website, the webpage containing the hyperlink has to, if one clicks that hyperlink, disappear completely and the full URL of (the part of) the Website has to be clearly visible in the address bar.
6. Other Provisions
The user warrants to be entitled to enter into this agreement. If the user is a minor, then he warrants that his parents or legal guardian has consented to him entering into this agreement.
The concluded agreement will not be archived and will not be accessible.
ArcadeSlash.com may transfer this agreement or any of its rights and obligations under this agreement in whole or in part to any third party without the user’s consent.
If any provision of this agreement is or becomes unlawful, illegal, invalid or unenforceable, then that will not affect the lawfulness, legality, validity and enforceability of any other provision of it.
7. Disclaimer of warranties
We provide the Website and Works as is, with all faults and as available. We, our suppliers, partners and affiliates make no express warranties or guarantees about the Website. ArcadeSlash.com is not obligated to supply any support whatsoever. To the extent permitted by law, we, our suppliers, partners and affiliates disclaim implied warranties that the Website and all software, content and Works distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the Website will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the Website, including any support Works, will be effective, reliable, accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of ArcadeSlash.com shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.
8. Claims for infringement of intellectual property rights
If, in your view, any copyright or other intellectual property right (or ‘IP right’) that you may have is being infringed by/on the Websites, please inform us immediately, thereby providing us with:
- the electronic or physical signature of the owner of the IP right or the person authorised to act on the owner’s behalf;
- a description of the IP right that you claim has been infringed, and a description of the infringing activity;
- the identification of the location where the original or authorised copy of the copyrighted work exists (for example, the URL of the Websites where it is posted, or the name of the book in which it has been published, or, in case of a registered brand name, an excerpt of such register evidencing the registry);
- a copy of a license in which you are granted the right to use and to protect such IP right (if you are not the owner of the IP right);
- the identification of the URL or other specific location on this site where the material that you claim is infringing is located; this information must be specific enough to enable us to locate such material;
- your name and full contact details; and
- a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Severability and integration