Terms & Conditions — Arkadian Studio

Effective Date: January 01, 2024

This Terms of Service is entered into between you and Arkadian Studio., its subsidiaries and affiliates and applies to Arkadian Studio and websites on which it is placed (collectively, the "Service").

BY CLICKING "I AGREE" OR SIMILAR OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE.

1. LICENSE

1.1. License. Arkadian Studio exclusive, non-sublicensable, nontransferable, revocable, limited license to install and use any Arkadian Studio you downloaded from an authorized third party. You agree that no title or ownership interest in the Service is transferred grants you a non- or assigned to you and that the Terms of Service is not a sale of any right to the Service.

1.2. Streaming and Social Media License. Arkadian Studio grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display Arkadian Studio on online video streaming websites, such as youtube.com and twitch.com, and social media, such as tweeting a GIF ("Social Content"). Arkadian Studio may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss incurred relating thereto.

1.3. User Content License. User content includes any information that you submit, transmit or upload while using the Service and Social Content ("User Content"). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Arkadian Studio an exclusive (non-exclusive in the case of Social Content), irrevocable, fully-paid, royalty free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Arkadian Studio reserves the right to review, edit, delete or block access to User Content without notice.

2. USE OF THE SERVICE

2.1. Account. Use of the Service may require you to register a user account with Arkadian Studio directly or with a third party, such as Google or Apple (each, an "Account"). Arkadian Studio strongly recommends that you keeping your login information confidential. You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized. You represent and warrant that you are permitted to use the method of payment associated with your Account and agree to pay for charges and fees incurred by your Account, which are not refundable.

2.2. Membership. Arkadian Studio may offer you a VIP Service membership, granting you access to certain Service features (for example, new characters), which may not be available to non-members ("Membership"). The first three days of your Membership are free the first time you subscribe. Thereafter, Arkadian Studio shall automatically charge you a weekly Membership fee. Current Membership fees and additional terms are detailed at membership and are subject to change, on one or more occasions, upon renewal of your Membership. Membership fees exclude applicable taxes, duties and charges and are non-refundable. Membership fees are billed and charged automatically by Arkadian Studio and/or third parties authorized on its behalf on a weekly basis to the credit card (or any replacement card) you provided to Arkadian Studio until the date your Membership is terminated by your submission of a cancellation request to Arkadian Studio through the Service or termination of your access to the Service.

2.3. Personal Data. Accessing the Service may require you to provide Arkadian Studio with personal data, which is collected, used and disclosed in accordance with Arkadian Studio's Privacy Policy. You agree to provide accurate and complete personal data to Arkadian Studio and to update your information if it changes.

2.4. Access. Access to the Service may require hardware including but not limited to a computer or mobile device with a current operating system, web browser and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Service and to pay all fees incurred by you when accessing the Service through an Internet connection.

3. LIMITATIONS ON USE OF THE SERVICES

3.1. Limitations. You agree that you will not use the Service in the following manner:

engage in conduct that Arkadian Studio determines, in its sole discretion, to constitute improper use of the Service;
decompile, disassemble or reverse engineer the Service or otherwise attempt to derive Service source code;
except for Social Content, reproduce, rearrange, modify, translate, create derivative works from, display perform, publish or distribute the Service;
sell, lease or remove/alter advertising in the Service;
cheat or use, develop or distribute automation software (bots), macro software or other cheat utility software or knowingly exploit a flaw or bug in the Service;
break, attempt or otherwise assist with the disruption of any computer used to support the Service or experience of another user;
upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Service or the computers of other users;
utilize the Service or any part thereof for commercial purposes, except pursuant to the streaming license set forth in section 1.2;
promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Service;
use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
infringe or violate the rights of a third party including but not limited to:
contractual rights;
copyright, patent, trademark or trade secret rights;
privacy rights;
publicity rights;
confidential information;
collect or attempt to obtain user data, whether personal or anonymous;
impersonate another person or an employee of Arkadian Studio;
advertise products or services, as determined by Arkadian Studio in its sole discretion.

4. TERMINATION

4.1. Suspension and Termination. Arkadian Studio may suspend or terminate your access to the Service at any time for any reason including but not limited to your violation of the Terms of Service, as determined in its sole discretion. Whether a suspension will be lifted is at as determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Arkadian Studio. You may terminate your access to the Service at any time by ceasing to use the Service and deleting any Arkadian Studio you have installed. Data collected by Arkadian Studio may be retained for a period of time after your access to the Service is terminated, as described further in the Privacy Policy.

4.2. Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Arkadian Studio shall cease to provide you access to the Service and may delete data associated with your use of the Service, including purchases you have made, as further described in section 5. You are not entitled to a refund or other compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Arkadian Studio, and Arkadian Studio is not liable to you or any third party for such suspension or termination and any related loss.

5. DIGITAL ITEMS, PRIZES

5.1. Digital Items. The Service may include virtual in-game currency and items (together, "Digital Items"), which may be earned by users or purchased from Arkadian Studio for real world money, where permitted by law. Digital Items available to you and the price of Digital Items may be altered by Arkadian Studio at any time, without notice. Upon acquiring Digital Items, you are granted a non-exclusive, non-sublicensable, non transferrable (except to the extent expressly permitted) right to use such Digital Items only in conjunction with the Service for which such Digital Items were acquired. Any Digital Items purchase is final and non-refundable. The determination of Digital Items to credit or debit to you shall be determined by Arkadian Studio in its sole discretion. All Digital Items remain the property of Arkadian Studio.

5.2. Prizes. Arkadian Studio may provide users the opportunity to receive random, Digital Item prizes, which vary in size and value. Due to the randomization of Digital Item prizes, you may not receive the Digital Item you desire. Arkadian Studio reserves the right to refuse to award and to revoke any prize in its sole discretion.

5.3. Resale. Digital Items may only be sold or traded for other Digital Items, as expressly permitted through features available within the Service, although Arkadian Studio is under no obligation to fulfill any such sale or trade of Digital Items. Digital Items cannot be resold online, outside of the Service, in the real world or traded for non-virtual (tangible) goods or services. You agree that resale or attempted resale of Digital Items in violation of this section 5.3 will result in Arkadian Studio terminating your access to the Service and voiding all your Digital Items.

5.4. Digital Item Backup. If you purchased Digital Items using real world money, including Digital Items acquired using in-game currency purchased using real world money, Arkadian Studio may backup purchased Digital Items so they may be restored in the future should you lose access. No backup is provided for Digital Items purchased or indirectly acquired without real world money or if Arkadian Studio terminates your access to the Service or ceases to offer the Service. The availability of Digital Item backup varies between Arkadian Studios.

5.5. Forfeit or Eliminated Digital Items. If Arkadian Studio terminates your access to the Service or ceases to offer the Service, you agree that all Digital Items associated with your Account and use of the Service are forfeit. Further, Arkadian Studio shall, in its sole discretion, administer Digital Items and, in this capacity, control, modify and/or eliminate any or all Digital Items without notice, for which you are not entitled to any refund, credit redemption or any other compensation. You acknowledge and agree that there is no value to Digital Items or time you spend using the Service, for which you will not be compensated under any circumstances. Arkadian Studio is not responsible for repairing or replacing any Digital Items lost for any reason whatsoever including, but not limited to, suspension or termination of the Service, technical issues or as a result of a third party.

6. SOFTWARE UPDATES

On one or more occasions Arkadian Studio may patch, update or modify the Service (each, an "Update"), which may require you to install an Update to continue using the Service. Updates may modify the Terms of Service, gameplay mechanics or other aspects to the Service. Failing to install an Update may result in an inability to use the Service, for which you are not entitled to a refund or compensation of any kind.

7. THIRD PARTY SOFTWARE

The Service may incorporate services provided by third parties, including but not limited to third party accounts or advertisements. The Terms of Service does not grant you any license, right, title or other interest in third party services, which may require you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third-party agreement.

8. ARKADIAN STUDIO OWNERSHIP RIGHTS

All right, title and interest in and to the Service, including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, catch phrases, concepts, character inventions, character likenesses, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel and methods of operation, are owned by Arkadian Studio. Arkadian Studio reserves all rights in the Service.

9. NOTICE TO EU USERS

If you are a resident of the EU, you hereby agree that by purchasing Digital Items you want such Digital Items credited to your Account immediately and, as a result, you are not entitled to withdraw from or cancel your purchase pursuant to the EU Consumer Rights Directive (2011/83/EU) and national implementations.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1. DISCLAIMER. THE SERVICE IS PROVIDED "AS IS" AND ARKADIAN STUDIO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, ARKADIAN STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS OR MOBILE DEVICES OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY ARKADIAN STUDIO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.

10.2. LIMITATION OF LIABILITY. ARKADIAN STUDIO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SOFTWARE OR SERVICES INCORPORATED INTO THE SERVICE, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF ARKADIAN STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART THEREOF, SUCH AS DIGITAL ITEMS, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.

10.3. ARKADIAN STUDIO'S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD ARKADIAN STUDIO FROM LIABILITY, YOU AGREE THAT ARKADIAN STUDIO'S MAXIMUM AGGREGATE LIABILITY TO YOU WHATSOEVER WILL BE THE LEAST AMONG (A) THE MINIMUM PERMITTED UNDER APPLICABLE LAW; (B) THE AMOUNT YOU PAID TO ARKADIAN STUDIO IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (C) $100 (CAD). HOWEVER, IF YOU PAID NOTHING TO ARKADIAN STUDIO DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION, YOUR SOLE REMEDY, AND ARKADIAN STUDIO'S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SERVICE.

11. UPDATES

11.1. Updates. Arkadian Studio reserves the right, in its sole discretion, to modify the Terms of Service at any time ("Updates"). You are deemed to accept any Update by continuing to use the Service. Unless Arkadian Studio states otherwise, Updates are automatically effective 30 days after posting.

11.2. Governing law. The Terms of Service and Privacy Policy are governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.

11.3. Severability. To the extent any section, clause, provision or sentence or part thereof of the Terms of Service is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the Terms of Service given full force and effect.

11.4. No Waiver. Arkadian Studio's failure to assert or enforce any right contained in the Terms of Service shall not constitute a waiver of that right.

11.5. Survival. Sections 1.3, 2.3, 4.2, 5.5, 8, 10 and 11 survive termination of the Terms of Service.

11.6. Entire Agreement. The Terms of Service constitutes the entire agreement between you and Arkadian Studio with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.

11.7. Contact. You may contact Arkadian Studio regarding this Terms of Service by emailing [email protected].