Our Terms & Conditions

PLEASE READ THESE USER AGREEMENT TERMS CAREFULLY BEFORE USING HITS ARCADE. By accessing and using this website, you are accepting and agreeing to abide by the terms stated here and all applicable laws. If you disagree with these terms, kindly refrain from using our site.

Copyright

The entirety of this website, including text, graphics, and code, is protected under United States and other copyright laws. The property belongs to Hits Arcade and includes licensed works. Copyright 2023, Hits Arcade. ALL RIGHTS RESERVED. You are permitted to electronically copy and print portions of this site for the exclusive purpose of placing an order with Hits Arcade or purchasing our products. You may also display, download or print parts of the website’s material for your personal, non-commercial use, subject to any expressly stated restrictions. Any other use, such as reproduction, distribution, display, or transmission of this site’s content is strictly prohibited, unless given explicit permission by Hits Arcade. You agree not to modify or erase any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks, and trade names of Hits Arcade used on the site are trademarks or registered trademarks of Hits Arcade.

Disclaimer of Warranty

This site and its materials and products are provided “as is”, without any warranties, either explicit or implied. To the maximum extent allowed by applicable law, Hits Arcade disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Hits Arcade does not guarantee that the site will operate without interruptions or errors, that defects will be corrected, or that the site or server are free from viruses or other harmful elements. Hits Arcade does not make any promises or representations about the correctness, accuracy, adequacy, usefulness, timeliness, or reliability of the materials on this site. Some jurisdictions do not allow exclusions or limitations on warranties, so these limitations may not apply to you.

Limitation of Liability

Hits Arcade will not be responsible for any special or consequential damages resulting from the use or inability to use the materials on this site or performance of the products, even if Hits Arcade has been informed about the possibility of such damages. Some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.

Errors in Pricing
In the event a Hits Arcade product is mistakenly listed at an incorrect price, Hits Arcade reserves the right to refuse or cancel any orders placed for the wrongly priced product. If your credit card has already been charged for the purchase and your order is cancelled, Hits Arcade will issue a credit to your credit card account in the amount of the incorrect price.

Terms; Termination
These terms are applicable upon your accessing the site and/or completing the registration or shopping process. Hits Arcade may terminate these terms, or any part of them, at any time, without notice, for any reason. The sections relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, will continue to apply after termination.

Notice
Hits Arcade may deliver notice to you via email, a general notice on the site, or other reliable method based on the information you’ve provided.

Miscellaneous

Your use of this site is governed by the laws of the state of Minnesota, U.S.A., irrespective of its conflict of laws provisions. Any legal proceedings arising from or relating to this site must be brought in the state or federal courts located in Minneapolis, Minnesota. Any claim you might have with respect to the site must be initiated within one (1) year after the claim arises. Hits Arcade’s failure to enforce any provision of these terms shall not be deemed a waiver of such provision.

Use of Site

Any form of harassment on the site, including via email, chat, or using obscene or abusive language, is strictly prohibited. Impersonation of others, including Hits Arcade employees, hosts, representatives, or other members or visitors, is not allowed. You are not permitted to upload, distribute, or publish through the site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable. This includes content that may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. Uploading commercial content on the site or using the site to solicit others to join or become members of any other commercial online service or other organization is also prohibited.

Participation Disclaimer

Hits Arcade cannot review all communications and materials posted to or created by users accessing the site and is not responsible for the content of these communications and materials. By providing you with the ability to view and distribute user-generated content on the site, Hits Arcade is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Hits Arcade reserves the right to block or remove communications or materials that it determines to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, in violation of a copyright, trademark, or other intellectual property right of another, or offensive or otherwise unacceptable to Hits Arcade in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Hits Arcade, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

Third-Party Links

To add value to our visitors, Hits Arcade may link to sites operated by third parties. Even if the third party is affiliated with Hits Arcade, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hits Arcade. These linked sites are only for your convenience, and you access them at your own risk. Nevertheless, Hits Arcade aims to protect the integrity of its website and the links placed upon it, and thus welcomes any feedback about not only its own site but also the sites it links to (including if a specific link does not work).