Terms of Service

WorkplaceArcade.com Terms of Service

Last updated on 03/01/2017

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WorkplaceArcade.com WEBSITE OR RELATED SERVICES.

Welcome to the WorkplaceArcade.com Site and Services (“WorkplaceArcade.com”) owned by Arcade Solutions, Inc. (“Workplace Arcade”, "we" “our” or "us"). The following provides you with our terms of service.

1. Description of the Workplace Arcade Service

WorkplaceArcade.com, is a web-based service that provides metric tracking, a competition framework, and various tools to optimize your business. You must provide (1) all equipment necessary for your own Internet connection, including computer and connectivity and (2) provide for your access to the Internet, and (3) pay any fees related with such connection. You are also responsible for all applicable fees for your use of WorkplaceArcade.com

Please read these Terms of Service before using this web site. This is a legally binding agreement between you and us.

These Terms of Service set forth the standards of use for Workplace Arcade. By using the WorkplaceArcade.com website, you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of Workplace Arcade, and WorkplaceArcade.com

In addition to these Terms of Service, your use of WorkplaceArcade.com is governed by our Privacy Policy http://www.WorkplaceArcade.com/privacy and your Service Agreement. You agree to our collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time in our discretion. When using Workplace Arcade and WorkplaceArcade.com, you will be subject to any posted terms or guidelines applicable to such services, any applicable service agreement, support policies (if applicable), and any other terms or conditions applicable to the provided services. The Privacy Policy, the documents mentioned above, and posted terms or guidelines are hereby incorporated by reference into these Terms of Service.

If you do not understand and agree to these Terms of Service, please do not use Workplace Arcade and do not register to be a user or create an account on WorkplaceArcade.com. If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us at http://www.WorkplaceArcade.com/contactus. Do not use WorkplaceArcade.com until these questions and concerns have been answered to your satisfaction and you agree to abide by the terms and conditions of these Terms of Service.

You have the right to consult with an attorney of your choosing before using WorkplaceArcade.com.

2. Modifications to these Terms of Service

We reserve the right, at any time, to modify, alter, or update the terms and conditions of these Terms of Service without prior notice. Modifications shall become effective immediately upon being posted at WorkplaceArcade.com. Your continued use of WorkplaceArcade.com after amendments are posted constitutes an acknowledgement and acceptance of these Terms of Service and any modifications.

If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of WorkplaceArcade.com. Your continued following the posting of modifications will constitute your acceptance of the revised terms and conditions.

3. Use of WorkplaceArcade.com

Use of Workplace Arcade and/or WorkplaceArcade.com is void where prohibited. By accessing or otherwise using Workplace Arcade, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service (for example, you warrant that you are over 18 years of age); and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.

4. Registration

In order to use certain services on WorkplaceArcade.com, you must create an agree to our terms and create an account, as indicated on our site. Completion of registration will make you a registered user of WorkplaceArcade.com. You agree that WorkplaceArcade.com user names may be refused, changed, removed or replaced by us for reasons including, but not limited to, using a user name to impersonate another person, if a user name is offensive or violates third party intellectual property rights, etc.

If you elect to register to utilize WorkplaceArcade.com and/or participate in any promotions, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the WorkplaceArcade.com account registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we have the right to suspend or terminate your account (including any payments or pending orders) and refuse any and all current or future use of WorkplaceArcade.com (or any portion thereof). You also agree to provide payment as applicable.

In addition to any other Registration Data, to register on WorkplaceArcade.com you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access WorkplaceArcade.com, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to WorkplaceArcade.com, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or WorkplaceArcade.com, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

You agree that we, in our sole and absolute discretion, may terminate your password, account (or any part thereof) or use of WorkplaceArcade.com, for any or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We may also in our sole discretion and at any time discontinue providing WorkplaceArcade.com, or any part thereof, with or without notice. You agree that any termination of your access to WorkplaceArcade.com under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or to WorkplaceArcade.com. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to WorkplaceArcade.com.

The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive any termination of the Terms of Service, Privacy Policy, Service Agreement, or use of WorkplaceArcade.com.

5. User Conduct and Acceptable Use Policy

Unauthorized use of WorkplaceArcade.com is expressly prohibited. You may not use WorkplaceArcade.com in any way that violates applicable federal, state, or international law, or for any unlawful purpose.

Additionally, we reserve the right, without limitation, to terminate your access to and use of WorkplaceArcade.com if, in our view, your conduct fails to meet any of the following guidelines for user conduct:

  • You may not misrepresent your identity or impersonate any person.
  • You may not attempt to gain access to any account, computers or networks related to WorkplaceArcade.com without authorization.
  • You may not attempt to obtain any data through any means from WorkplaceArcade.com, except if we intend to provide or make it available to you.
  • You may not attempt to charge others to use WorkplaceArcade.com either directly or indirectly.
  • You may not use WorkplaceArcade.com to harvest or otherwise collect information about others, including e-mail addresses.
  • You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with WorkplaceArcade.com
  • You may not use WorkplaceArcade.com in a manner that results in excessive bandwidth usage, as determined by our representative. Use of WorkplaceArcade.com as well as use of WorkplaceArcade.com on any desktop or portable application will be applied toward such bandwidth usage.
  • You may not use Workplace Arcade or WorkplaceArcade.com without obtaining permission for use of the personal data you must upload in order to use the Services.
  • All judgments concerning the applicability of these guidelines shall be at our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint.

6. Limitation of Liability

THE Workplace Arcade SITE, SERVICES, AND CONTENT (WorkplaceArcade.com) ARE PROVIDED "AS IS" AND Workplace Arcade EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Workplace Arcade, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

EXCEPT AS SPECIFICALLY STATED IN THIS POLICY, OR ELSEWHERE ON WorkplaceArcade.com (INCLUDING THE WorkplaceArcade.com TERMS OF SERVICE, SERVICES AGREEMENT, AND PRIVACY POLICY), OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER Workplace Arcade NOR ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF WorkplaceArcade.com OR ITS CONTENTS WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND INDEMNIFICATION, WE ARE FOUND RESPONSIBLE TO ANY USER FOR ANY REASON WHATSOEVER, OUR RESPONSIBILITY SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SERVICES, OR ACTUAL DAMAGES, WHICHEVER IS LESS, AND SHALL NOT INCLUDE PUNITIVE DAMAGES OR CONSEQUENTIAL OR RESULTING DAMAGES OF ANY NATURE.

7. Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Workplace Arcade, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS AND THIRD-PARTY PROVIDERS, TO, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE Workplace Arcade SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE, APPLICABLE PRIVACY LAWS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

8. Modifications and Interruption to Service

We and our service providers utilize diligent efforts to maintain WorkplaceArcade.com, but neither we nor our service providers are responsible for any defects or failures associated with WorkplaceArcade.com or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

9. Governing Jurisdiction of the Courts

The laws of the State of Tennessee will govern these Terms of Service, without giving effect to any choice of law rules. We make no representation that Workplace Arcade is or will remain appropriate, legal or available for use in other locations. Accordingly, you irrevocably submit to the jurisdiction of the courts located in the State of Tennessee for all disputes. You and Workplace Arcade, to the fullest extent permitted by law, waive all right to trial by jury in any action, proceeding or counterclaim relating to these Terms of Service. The provisions of this paragraph shall survive, even if you cease your use of WorkplaceArcade.com.

10. Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use WorkplaceArcade.com in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

11. Intellectual Property Rights and Notices

Except for these Terms of Service and any applicable Services agreement, you have no right, title or interest in or to Workplace Arcade, or WorkplaceArcade.com. You agree that we or our licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to WorkplaceArcade.com.

Workplace Arcade and the Workplace Arcade logo include, without limitation, trademarks, service marks or registered trademarks of Workplace Arcade, and may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in our Site. Unless we have granted you licenses to our intellectual property, our providing you with WorkplaceArcade.com does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

12. Notices and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact http://www.WorkplaceArcade.com/contactus and provide the written information specified below:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Workplace Arcade designates as its agent for receipt of notifications of claimed copyright infringement, http://www.WorkplaceArcade.com/contactus.

13. Other Terms

If any provision of these Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Service and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user. You agree that by accepting these Terms of Service, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.

14. Privacy

We have established a Privacy Policy to explain to you how your information is collected and used, which you can read at http://www.WorkplaceArcade.com/privacy. Your use of Workplace Arcade signifies acknowledgment of and agreement to the Workplace Arcade Privacy Policy. You further acknowledge and agree that we may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in our sole discretion, to protect the rights, property, or personal safety of Workplace Arcade, our employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

15. Electronic Delivery/Notice Policy And Your Consent

By using WorkplaceArcade.com, you consent to receive from us all communications including notices, agreements, legally required disclosures or other information in connection with WorkplaceArcade.com (collectively, "Contract Notices") electronically. We may provide such electronic Contract Notices by posting them on WorkplaceArcade.com. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of WorkplaceArcade.com.

No failure or delay by us in exercising any right or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms of Service. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

16. Content Storage Location

The Workplace Arcade service is provided from Australia & the United States. By using and accessing , you understand and consent to the storage and processing of all data and any other personal information in both Australia or the United States., or wherever else our service providers store data.

17. Entire Agreement

These Terms of Service, including any applicable Service agreements, set forth the entire agreement and understanding between you and us with respect to the use of WorkplaceArcade.com, and, supersedes any and all prior oral or contemporaneous agreements, discussions and understandings between the parties, and neither of the parties will be bound by any conditions, inducements or representations other than as expressly provided for in these Terms of Service. If the terms and conditions of these Terms of Service differ from those in any applicable Service agreements, the terms of the Service agreement shall prevail.