The New Arcade | Play high quality Flash games online


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Terms of Use

Terms of Use
Welcome to thenewarcade.com (hereinafter the “Website”), which is provided to you by Switching Brains (hereinafter “SB”), in the Netherlands. These terms of use (hereinafter “Terms of Use”) govern your use of the Website, the content, the software and the services offered the on the Website (collectively, the “Website”).

The fact that you are using the Website signifies that you agree to the Terms of Use, that you consent to our privacy policy (hereinafter the “Privacy Policy”), and that you consent to receive required notices and to transact with us electronically. If you do not agree to the Terms of Use and/or the Privacy Policy, then do not use the Website.

1. CHANGES TO THE TERMS OF USE
We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the “Terms of Use” hypertext link located at the bottom of the Website. You are responsible for checking these terms periodically for changes. If you continue to use the Website after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

2. ADDITIONAL TERMS
Certain areas of the Website, such as sites where you can download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on the Website, you agree to comply with such guidelines and rules.

3. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
You agree that we may provide to you required notices, agreements and other information concerning the Website electronically. If you no longer agree to receive notices electronically, you must cease using the Website.

4. PRIVACY POLICY
The Privacy Policy explains the practices that apply to your information when you use the Website. Your ongoing use of the Website signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy link located on the Website.

5. CHANGES TO THE WEBSITE
We may discontinue or change any service or feature on the Website at any time and without notice.

6. ACCESS COSTS
You must provide at your own expense the equipment and Internet connections that you will need to access and use the Website. If you access the Website through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Website through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the Website through any wireless or other communication service.

7. YOUR RESPONSIBILITIES
You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that:

violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
impersonates any person, business or entity, including SB and its employees and agents;
contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
violates these Terms of Use, guidelines or any policy posted on the Website, or
interferes with the use of the Website by others.
You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

8. NO SPAM
You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the Website, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

9. LICENSE TO USE THE WEBSITE
Subject to these Terms of Use, you may use the Website and the Content offered on the Website only for personal, non-commercial purposes. You may use Content offered for downloading, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Website or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

10. AGE RESTRICTIONS
SB requires users to the Website to be 14 years or older unless they are accompanied by a parent or guardian who is directly supervising them.

By using the Website you confirm that you are 14 years of age or older or that if you are under 14 years of age you confirm that you are accompanied and directly supervised by a parent or guardian. If you are under 14 years of age please do not access the Website without your Parent or guardian directly supervising you. You agree that if your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) access or assist users in accessing the Website or services that you will not allow or assist, knowingly or unknowingly, children under 14 years old to access the Website or services except while directly supervised by a parent or guardian. You agree that if you do allow or assist children under 14 years old to access the Website without a parent or guardian directly supervising them, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that under no circumstances including, but not limited to, negligence neither SB, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site by users under 14 years of age, even if such party has been advised of the possibility of such damages.

11. PROPRIETARY RIGHTS
We own the intellectual property rights to the design of and the information on the Website, including the look and feel of our colour combinations, button shapes, and other graphical elements on the Website. Such intellectual property is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Website, as well as in our original content on the Website.

Proprietary rights to the games

We own the proprietary rights to the Switching Brains games on the Website and for certain games we requested and obtained permission from the copyright holders known to us. For some games we could not find any copyright information or due to general use on the Internet, this information can no longer be obtained. Some games may be used under special conditions, considering a number of prerequisite constraints. These prerequisite constraints are, as far as we could determine, met by SB. We do not change anything in the source code of the games. For example, credit holders, brand names, or reference to websites remain unchanged.

11. CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If in your view any copyright or other intellectual property right (“IP right”) that you may have is being infringed by/on this Website, please inform us of hereof immediately, thereby providing us with:

the electronic or physical signature of the owner of the IP right or the person authorized to act on the owner's behalf.
a description of the IP right that you claim has been infringed and a description of the infringing activity.
identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published or in case of a registered brand name, an excerpt of such register evidencing the registry.
if you are not the owner of the IP right, a copy of a license in which you are granted the right to use and to protect such IP right.
identification of the URL or other specific location on this site where the material that you claim is infringing is located; this information must be specific enough in order to enable us to localize such material.
your name and full contact details.
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

12. THIRD PARTY SITES; ADVERTISERS
The Website may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

13. USE OF SOFTWARE
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

You agree to fully comply with all import and export laws, regulations, rules and orders of the Netherlands or any other foreign (inter alia the United States) government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper governmental. You bear full responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

14. DISCLAIMER OF WARRANTIES
We provide the Website as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about the Website. SB is not obligated to supply any support whatsoever. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Website and all software, content and services distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the Website will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the Website, including any support services, will be effective, reliable, accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of SB shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.

15. LIMITATION OF LIABILITY
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. In no event shall our liability, or the liability of our parent and our suppliers for any and all claims relating to the use of the Website exceed the total amount of service fees that you paid us during a one-year period for the specific service at issue.

We, our parent, our content partners and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law.

16. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

17. INTERNATIONAL USE
We make no representation that Content on the Website is appropriate or available for use in locations outside the Netherlands, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Website from a location outside the Netherlands, you do so on your own initiative and you are responsible for compliance with local laws.

18. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of the Netherlands govern this contract and any claim or dispute that you may have against us, without regard to Dutch conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Netherlands and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Please note that by agreeing to these terms of use, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in the Netherlands over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in the Netherlands for the purpose of resolving any such disputes or claims.

19. SEVERABILITY AND INTEGRATION
This contract and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

20. TERMINATION
Your right to use the Website automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice.