Terms & Conditions

1. Agreement to Terms

By accessing or using the Sim Arcade website and services, you acknowledge that:

You have read and understood these Terms and Conditions in their entirety
You agree to be legally bound by these terms
You are at least 18 years of age or have the legal capacity to enter into binding agreements
If accessing on behalf of an organization, you have authority to bind that organization to these terms

If you do not agree with any part of these Terms and Conditions, you must not use our website or services.

2. User Obligations and Conduct

2.1 General Conduct Requirements

You agree to use our website and services in a lawful and respectful manner. Specifically, you must:

Comply with all applicable federal, state, local, and international laws
Provide accurate, current, and complete information when requested
Maintain the confidentiality of any account credentials or access codes
Notify us immediately of any unauthorized use of your account
Use the website only for its intended purpose
Respect the intellectual property rights of Sim Arcade and third parties

2.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

Attempting to gain unauthorized access to the website, servers, or databases
Using automated scripts, bots, or scrapers to extract content or data
Uploading or transmitting viruses, malware, or other malicious code
Interfering with or disrupting the integrity or performance of the website
Engaging in any form of harassment, threatening behavior, or hate speech
Impersonating any person, entity, or falsely stating your affiliation
Posting or transmitting any unlawful, fraudulent, or deceptive content
Attempting to bypass security measures or access controls
Using the website for any commercial purpose without our written consent
Violating the privacy rights or personal data of others

2.3 Consequences of Violation

Any violation of these conduct requirements may result in immediate termination of your access to the website, legal action, and reporting to appropriate authorities. We reserve the right to investigate violations and cooperate with law enforcement.

3. Liability Limitations and Warranties

3.1 No Warranty

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement of third-party rights
Title, accuracy, or reliability of content
Security or freedom from viruses or other harmful components
Uninterrupted or error-free operation

3.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SIM ARCADE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES.

This includes but is not limited to:

Direct, indirect, incidental, punitive, or consequential damages
Loss of profits, revenue, data, or use
Business interruption or lost opportunities
Personal injury or property damage
Loss of goodwill or reputation
Cost of substitute goods or services

This limitation applies regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

3.3 Maximum Liability Cap

In jurisdictions that do not allow the exclusion or limitation of liability, our liability shall be limited to the maximum extent permitted by law. In no event shall our total liability to you for all damages exceed one hundred US dollars ($100.00).

3.4 Accuracy of Information

While we strive to provide accurate and up-to-date information, we make no representations or warranties about the completeness, accuracy, reliability, or suitability of any content on the website. Any reliance you place on such information is strictly at your own risk.

4. Indemnification

You agree to indemnify, defend, and hold harmless Sim Arcade, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:

a) Your use or misuse of the website or services
b) Your breach or violation of these Terms and Conditions
c) Your violation of any rights of a third party, including intellectual property rights
d) Any content or information you submit, post, or transmit through the website
e) Your violation of any applicable laws, rules, or regulations
f) Any willful misconduct or negligent acts on your part

This indemnification obligation will survive termination of these Terms and Conditions and your use of the website.

5. Intellectual Property Rights

5.1 Ownership

All content, materials, and intellectual property on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Sim Arcade or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Restrictions on Use

You may not:

Copy, reproduce, modify, or create derivative works from any content
Distribute, transmit, broadcast, or sell any content
Remove or alter any copyright, trademark, or other proprietary notices
Use any content for commercial purposes without written authorization
Reverse engineer or attempt to extract source code from any software

5.3 Trademarks

The Sim Arcade name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sim Arcade. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

5.4 Copyright Infringement

We respect intellectual property rights. If you believe that any content on our website infringes your copyright, please contact us with detailed information including proof of ownership and the specific content in question.

6. Privacy and Data Protection

Your use of the website is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using the website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

You acknowledge and agree that:

We may collect, process, and store your personal data as outlined in our Privacy Policy
You are responsible for maintaining the accuracy of information you provide
You have certain rights regarding your personal data under applicable data protection laws
We implement reasonable security measures but cannot guarantee absolute security

7. Third-Party Content and Links

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Sim Arcade.

No Endorsement

The inclusion of any link does not imply our endorsement of the linked site, its content, or its operator. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

Your Responsibility

You acknowledge and agree that we shall not be responsible for any damage or loss caused by your use of or reliance on any third-party content, goods, or services available through such websites. You access third-party sites at your own risk and should review their terms and policies.

8. Termination of Access

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the website at any time, with or without notice, for any reason, including but not limited to:

Breach of these Terms and Conditions
Violation of applicable laws or regulations
Fraudulent, abusive, or illegal activity
Behavior that harms or threatens other users or our business
Prolonged inactivity
Technical or security reasons
Requests by law enforcement or regulatory authorities

Upon termination, your right to use the website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

9. Dispute Resolution and Legal Matters

9.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

9.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the website shall be instituted exclusively in the state or federal courts located in Denver, Colorado. You irrevocably consent and submit to the personal jurisdiction of such courts and waive any objection to venue in such courts.

9.3 Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us to seek informal resolution of any dispute. Many disputes can be resolved efficiently and cost-effectively through communication and negotiation.

9.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

9.5 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

10. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, or severe weather

War, terrorism, civil unrest, or government action

Labor disputes or strikes

Internet or telecommunications failures

Power outages or utility failures

Epidemics, pandemics, or public health emergencies

11. General Provisions

11.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published on the website, constitute the entire agreement between you and Sim Arcade concerning your use of the website and supersede all prior agreements and understandings.

11.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

11.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

11.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms or any rights hereunder without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

11.5 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect. They shall not be used to interpret or construe any provision of these Terms.

11.6 Language

These Terms are written in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

12. Modifications to Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting to the website. We will update the "Last Revised" date at the top of this page to reflect when changes were made.

Your continued use of the website following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates.

If you do not agree to the modified Terms, you must discontinue use of the website immediately.

13. Contact Information

If you have questions, concerns, or comments about these Terms and Conditions, please contact us:

Email: info@sim-arcade.com

Phone: +1 (303) 694-5827

Mailing Address:

Sim Arcade
9187 Training Ground, Education Park
Denver, CO 80201

Company Information