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TERMS AND CONDITIONS

These Terms of Use (the “Terms”) set forth the terms and conditions under which Arcade Pulse, a brand under GAMESOC STUDIOS LTD, a company incorporated in Cyprus, and its subsidiaries and affiliates (collectively, “us”, “our”, or “we”), and you (“you” or “your”) agree to be governed as it relates to any of your activity on the Arcade Pulse platform. These Terms govern your access to, use of, and interaction with Arcade Pulse, including any content, functionality, and services offered on or through Arcade Pulse, and your creation of any games (defined below) (collectively, the “Services”).

Please read these Terms carefully before you start to use Arcade Pulse. By using Arcade Pulse, you accept and agree to be bound and abide by these Terms, the additional Terms of Use which can be found at URL: https://www.arcade-pulse.com.

Arcade Pulse is offered and available to users who are 18 years of age or older. By accessing or using Arcade Pulse, you represent and warrant that you are of legal age to form a binding contract with Arcade Pulse and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Arcade Pulse.

ARCADE PULSE

Arcade Pulse enables users such as you to create games using the Arcade Pulse Game Maker, which creates an interactive experience built for, and published on, the Arcade Pulse platform (each, a “Game”). A Game may be made available to users of Arcade Pulse, and you will control the pricing and business model (free, free-to-play, or premium) of the Game.

By utilizing our Services, you affirm that you are aware and acknowledge that Arcade Pulse is a non-custodial provider of software services that has developed and distributed the Arcade Pulse platform where the Services occur without any involvement or actions taken by them or any third party.

OWNERSHIP OF ARCADE PULSE CONTENT

By using the Services, you will encounter “Arcade Pulse Content,” which includes all of the images, text, information, data, audio, video, graphics, and other material included on, or otherwise made available through the Services, excluding your Games. Except as otherwise set forth in these Terms, we do not claim ownership over your Games.

All Arcade Pulse Content is owned by Arcade Pulse or its licensors, and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. As between you and Arcade Pulse and its licensors, Arcade Pulse or its licensors own and retain, solely and exclusively, all rights, title, and interest in and to the Services, and all Arcade Pulse Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights, and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos, and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Arcade Pulse or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any Arcade Pulse Content, and except for the limited license we grant you under these Terms, your use of the Services does not grant you any license or permission under any copyright, trademark, or other intellectual property rights of Arcade Pulse or any third party. We reserve all rights not expressly granted to you in these Terms.

We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license to use the Services as they are provided to you by us, only as set forth in these Terms. Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish, or otherwise use any portion of the Services or Arcade Pulse Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Arcade Pulse Content without express prior written permission from us or the applicable rights holder is strictly prohibited.

All software and software-as-a-service used in connection with the Services (“Software”) is proprietary to Arcade Pulse or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, recompilation, reverse engineering, disassembly, translation, or reduction of such software to human-readable form is prohibited. You agree that Arcade Pulse may update the Software without notice, at any time and in our sole discretion, and that these Terms will apply to any updated versions.

OWNERSHIP OF GAMES

During the operation of the Services, you may upload certain Games that you have created to Arcade Pulse in accordance with these Terms. Except as otherwise set forth in these Terms, you remain the owner of your Games at all times, and Arcade Pulse does not claim any ownership rights in your Games. Games are otherwise subject to the following provisions. These Terms apply to all Games that you contribute to Arcade Pulse or to any Arcade Pulse website.

You are solely responsible for ensuring that any Games you submit to the Services comply with any applicable laws and third-party rights, including but not limited to any intellectual property rights, privacy rights, and publicity rights. You agree that any information included in your Games may be used in accordance with our Privacy Policy. Arcade Pulse always has the right, in its sole discretion, to accept or reject any Games.

By using the Services, you grant Arcade Pulse a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), transferable right and license to use, reproduce, publicly display, distribute, and adapt the publicly shared Games for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities, and your publicly shared Games. You further grant Arcade Pulse the right to use your name and trademarks, if any, in connection with our use of your publicly shared Games.

USER CONTENT

1.1 User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 1.3). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Arcade Pulse. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Arcade Pulse is not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

1.2 License
You hereby grant (and you represent and warrant that you have the right to grant) to Arcade Pulse an irrevocable, non-exclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content on the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

1.3 Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”:

  • (3.a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

  • (3.b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

1.4 Enforcement
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section Error! Reference source not found, and/or reporting you to law enforcement authorities.

1.5 Feedback
If you provide Arcade Pulse with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Arcade Pulse all rights in such Feedback and agree that Arcade Pulse shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Arcade Pulse will treat any Feedback you provide to Arcade Pulse as non-confidential and non-proprietary. You agree that you will not submit to Arcade Pulse any information or ideas that you consider to be confidential or proprietary.

REPRESENTATIONS AND WARRANTIES

You warrant and represent that: (a) you own or otherwise control all of the rights to your Games; (b) the Games are your original creations and are solely the result of your artistic effort; (c) the Games are free and clear of liens or encumbrances from any source whatsoever; (d) you know of no adverse claims to the Games; (e) you have secured or will have secured prior to submitting the Games to Arcade Pulse, any and all necessary rights, clearances, and/or licenses with respect to the Games, and any other materials and elements embodied in or used in connection with the Services; (f) none of the Services and/or other materials provided, created, produced, compiled, developed, or otherwise supplied hereunder shall violate or infringe upon the copyright, trademark, privacy, creative, or other rights of any person, firm, corporation, or other third party by reason of distribution, exhibition, or other use; (g) any Game you upload to Arcade Pulse or any information incorporated into your profile is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive; and (h) you have not entered into and will not enter into any agreement adverse to or inconsistent with these Terms.

FEEDBACK

We appreciate your feedback and suggestions about our Services, and you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.

RIGHT TO MONITOR, MODERATE, OR REMOVE

You agree that you bear all risks associated with your Games. You are solely responsible for safeguarding your Games, and Arcade Pulse has no duty to store copies of Games for future availability to you or any user except as otherwise provided under these Terms. Arcade Pulse does not permit the infringement of intellectual property rights on the Services and will remove Games from the Services if properly notified that such Games infringe on another’s intellectual property rights. We reserve the right to remove Games from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a user pursuant to these Terms, we reserve the right to terminate the account of any user of the Services who has been notified of infringing activity and/or has had Games removed from the Service. We also reserve the right to decide whether Games are appropriate and comply with these Terms for violations other than violations of intellectual property law. This shall extend to the right of Arcade Pulse to edit, modify, moderate, re-format, change, or otherwise remove all or part of the descriptions, comments, and/or annotations that you and/or third parties add and/or make in relation to your Games in any manner that we may determine whenever we deem it appropriate.

INDEMNIFICATION

(a) You agree to indemnify and hold Arcade Pulse, its directors, officers, and employees harmless from and against any claims, causes of action, demands, loss, or damage by reason of (i) a breach of any representation, warranty, or covenant hereunder, (ii) any exhibition, presentation, distribution, or exploitation of your Games or any rights therein, and (iii) the negligence, fault, or default of you, your employees, authorized agents, servants, or independent contractors hired by you, or any subcontractor hired by any of the foregoing. (b) You shall comply with all applicable state, city, and federal laws, ordinances, codes, and regulations which affect your creation of any Games under these Terms and/or your relationship with Arcade Pulse. (c) You agree to notify Arcade Pulse promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms, your Games, or your obligations hereunder. (d) The warranties, representations, and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with Arcade Pulse.

RESTRICTIONS AND OBLIGATIONS

It is important to Arcade Pulse that the Services be used safely, and in accordance with the law, for the enjoyment of all users. You agree that you will not use the Services to:

  • Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Arcade Pulse Content, and Games, except as permitted by these Terms;

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

  • Transmit any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;

  • Transmit any material or content that is inappropriate for families or otherwise suitable only for adults;

  • Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;

  • Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;

  • Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;

  • Use the services in a manner that (a) is likely to interrupt, suspend, slow down, or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Arcade Pulse’s computer or networking systems, (c) will divert the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Arcade Pulse’s computer or networking systems;

  • Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with, or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful to third-party information systems (including but not limited to viruses, worms, Trojans); and/or

  • Otherwise use the Services for purposes other than those for which they were designed.

  • Engage in activity that operates to defraud Arcade Pulse, Arcade Pulse users, or any other person.

  • Engage in gambling, casino-style games, or games of chance.

DISCLAIMERS; LIMITATION OF LIABILITY

NOTHING IN THESE TERMS WILL PREJUDICE THE STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES. SOME COUNTRIES, STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE BELOW TERMS MAY NOT FULLY APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY ARCADE PULSE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARCADE PULSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, ARCADE PULSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARCADE PULSE DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, ARCADE PULSE WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, ARCADE PULSE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US $100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

MODIFYING AND TERMINATING THE SERVICE

At any time and without notice, Arcade Pulse reserves the right to modify or stop offering all or part of the Services. Arcade Pulse may, in its sole discretion and at any time, refuse anyone who requests access to Arcade Pulse, terminate your rights to create and/or upload Games, and/or block or prevent your access to and use of any Services or features governed by these Terms; provided, however, that you will remain the owner of your Games in accordance with these Terms.

OTHER WEBSITES AND SERVICES

The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by Arcade Pulse. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. Arcade Pulse may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products, and/or services available on Third-Party Services, or any transactions that take place between a user and Third-Party Services whom the user has been directed via the Services. Arcade Pulse may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.

GOVERNING LAW; FORUM

The rights and obligations of the parties hereunder and the interpretation of these Terms will be governed by the laws of EU, without giving effect to its principles of conflicts of law. If either party brings against the other party any proceeding arising out of these Terms, that party may bring proceedings only in the courts of EU and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.

AMENDMENT

Arcade Pulse reserves the right to amend these Terms at any time by posting a notice on this page. Any user using the Services after an amendment has become effective accepts the Terms as amended. A user who does not accept the amended Terms shall cease use of the Services.

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