Terms of Use

Last Updated: December 21, 2009

This website, www.machinearcade.com ("MACHINEARCADE.com"), is an online service of MACHINE Studios LLC ("MACHINE Studios"). MACHINE Studios promotes, markets, and sells digitally distributed interactive entertainment products ("Games"). MACHINEARCADE.com is owned and operated by MACHINE Studios.
MACHINEARCADE.com and its provided services are offered to you subject to these Terms of Use. By using MACHINEARCADE.com you are entering into an agreement with MACHINE Studios and agree to abide by the following Terms of Use, which MACHINE Studios may modify from time to time in and at its sole discretion. Subsequent to any significant changes, the revision date at the top of this page will be updated to facilitate ease of reference.

Usage
Unless specified otherwise, all Games, content, graphics, logos, icons, artwork, images, audio, text, scripts, data, files, source code, object code, software, and digital downloads contained on MACHINEARCADE.com (collectively the "Materials") are the property of MACHINE Studios or its developer partners, vendors, or commercial clients, or suppliers, and is protected by United States and international copyright laws. You may access and use MACHINEARCADE.com and the Materials only for your personal and non-commercial use and subject to these Terms of Use and any applicable End User License Agreement. You may not use the Materials or MACHINEARCADE.com for any other purpose. You may not use MACHINEARCADE.com for commercial or unlawful purposes. You may not financially exploit the material, content or product within MACHINEARCADE.com.

Games
The use of purchased and/or downloaded Games is governed by the end user license agreement ("EULA") accompanying such Games. If a EULA is not included for any reason, you are hereby granted a limited, non-transferable license to download and use the game on a single computer, or other compatible electronic device, for personal and non-commercial purpose. You may not sell, resell, copy, reproduce, distribute, assign, reverse engine or otherwise attempt to gain access to the source code of the software, Games, or content. You may not create derivative works from the game or Games or violate any law, rule or regulation of the United States nor any foreign law, rule or regulation.

Indemnification
You agree to indemnify and hold harmless MACHINE Studios, its affiliates, subsidiaries, service providers, distributors, developer partners, suppliers, licensors, clients, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of these Terms of Use, or your violation of applicable law, rule, regulation or third party right.

General
MACHINE Studios is committed to customer service. In the event you have a problem with anything related to MACHINEARCADE.com or its Games, please email us at support@machinearcade.com and we will do our best to take of the problem. MACHINE Studios is not liable for your dissatisfaction or any damage from the use of MACHINEARCADE.com or the Games purchased from MACHINEARCADE.com.

MACHINE Studios has the right to terminate this agreement, cease operation of MACHINEARCADE.com, or suspend your access to MACHINEARCADE.com at any time, with or without cause or notice in advance.

All sales of Games at MACHINEARCADE.com are subject to a limited refund policy. If within seven (7) days of a Games purchase you are dissatisfied with the product purchased, you may contact us at refunds@machinearcade.com for a refund. Exchanges and/or credits are not issued.

MACHINEARCADE.com website may contain links to third party sites and/or advertisements. Third party sites and advertisements are not under MACHINE Studio's control. Furthermore MACHINE Studios is not responsible for any content on any third party site or content or promotion of any advertiser or advertisement.

Applicable Law
Any issue arising out of this agreement may be addressed by sending an email to support@machinearcade.com. By visiting or using MACHINEARCADE.com, you agree that the laws of the State of California, excluding any conflicts of law rules specifically excluding the United Nations Conventions on Contracts for the International Sale of Goods, will govern these Terms of Use. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, in the state of California, in the United States of America for any dispute arising out of or relating to your use of MACHINEARCADE.com.