Terms of Service

Agreement to Terms

These Terms of Service govern your use of the Arcadian website and the services we provide. By accessing our website or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any part of these terms, you should not use our website or services. We reserve the right to update these terms at any time, and your continued use of our services constitutes acceptance of any changes.

Service Description

Arcadian provides arcade game development services, including complete production, narrative design, and localization services. Our services are designed to help clients create and launch arcade games through professional development support.

The specific scope, deliverables, timelines, and pricing for each project are established through individual service agreements. These terms provide the general framework for our service relationship.

Acceptable Use Policy

Permitted Uses

You may use our website and services to:

• Learn about our game development services
• Contact us regarding potential projects
• Access information about our development process and philosophy
• Review our portfolio and past work examples

Prohibited Activities

You agree not to:

• Use our website for any unlawful purpose or in violation of these terms
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the operation of our website
• Transmit viruses, malware, or other harmful code
• Harvest or collect information about other users without consent
• Impersonate any person or entity or misrepresent your affiliation
• Use automated systems to access our website without permission

User Requirements and Responsibilities

To use our services, you represent and warrant that:

• You are at least 18 years of age or have parental/guardian consent
• You have the legal capacity to enter into binding contracts
• All information you provide is accurate, current, and complete
• You will comply with all applicable laws and regulations
• You have the right to share any content or information you provide to us

Service Availability and Modifications

Website Availability

While we strive to maintain continuous availability of our website, we do not guarantee uninterrupted access. Our website may be unavailable due to maintenance, technical issues, or circumstances beyond our control. We are not liable for any inconvenience or loss resulting from website unavailability.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. This includes changes to service features, pricing, availability, and terms. We will make reasonable efforts to notify users of material changes when feasible.

Geographic Restrictions

Our services are operated from Canada and are intended for users worldwide. However, access to our services may be restricted in certain jurisdictions due to legal or technical limitations. If you access our services from outside Canada, you are responsible for compliance with local laws.

Project Engagement Terms

When you engage our services for a specific project, additional terms will apply:

• Project scope, deliverables, and timelines will be defined in a separate service agreement
• Pricing and payment terms will be specified in the project proposal
• Intellectual property rights will be addressed in the project agreement
• Confidentiality obligations may be established through separate agreements
• In case of conflict between these general terms and project-specific agreements, the project agreement takes precedence

Intellectual Property Rights

Website Content

All content on our website, including text, graphics, logos, images, and software, is the property of Arcadian or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written permission.

User-Provided Content

When you submit information or content through our contact forms or communications, you grant us a non-exclusive license to use that information for the purpose of providing our services and responding to your inquiries. You retain ownership of your content.

Project Deliverables

Intellectual property rights in project deliverables will be specified in individual service agreements. Unless otherwise agreed, clients typically receive rights to the final deliverables while we may retain rights to use generic methodologies, tools, and techniques.

Payment and Fees

Service fees are determined on a project-by-project basis and will be specified in your service agreement. General payment principles include:

• All fees are quoted in US Dollars (USD) unless otherwise specified
• Payment schedules and milestones will be outlined in the project agreement
• Late payments may result in project delays or suspension of services
• Additional work beyond the agreed scope may incur additional fees
• Refund policies, if applicable, will be specified in the service agreement

Communication and Updates

By using our services, you consent to receive communications from us via email or other electronic means. These communications may include service updates, project information, and responses to your inquiries. We will not use your contact information for unsolicited marketing without your consent. You may opt out of non-essential communications at any time by contacting us.

Termination of Service

We reserve the right to terminate or suspend your access to our services at our discretion, with or without notice, if:

• You violate these Terms of Service
• Your conduct is harmful to other users or our business
• We are required to do so by law
• You fail to meet payment obligations

Termination of ongoing projects will be governed by the terms of the specific service agreement.

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted, secure, or error-free. We make no guarantees regarding the accuracy, reliability, or completeness of any content on our website. While we strive for quality in our services, project outcomes may vary based on numerous factors.

Limitation of Liability

To the fullest extent permitted by law, Arcadian and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services. Our total liability for any claims related to our services shall not exceed the amount paid by you for those services. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so these limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Arcadian and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, violation of these terms, or infringement of any rights of third parties. We reserve the right to assume exclusive defense of any matter subject to indemnification by you.

Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

Any disputes arising from these terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

General Provisions

Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full effect.

Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these terms without our prior written consent. We may assign these terms without restriction.

Entire Agreement

These terms, together with any applicable service agreements, constitute the entire agreement between you and Arcadian regarding our services.

Service Provider