Terms and Conditions

Introduction and Agreement

These Terms and Conditions constitute a legally binding agreement between you and Hearthstone governing your access to and use of our website, services, and any related content. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not have such authority, or if you do not agree with these terms, you must not accept this agreement and may not use our services.

These Terms and Conditions are subject to change at our discretion. We will notify users of material changes through our website or via email. Continued use of our services after such modifications constitutes acceptance of the updated terms.

User Obligations and Conduct

General Conduct Requirements

As a user of our services, you agree to:

• Comply with all applicable federal, state, local, and international laws and regulations
• Provide accurate, complete, and truthful information when interacting with us
• Maintain the confidentiality of any login credentials or access codes
• Use our services only for lawful and legitimate business purposes
• Respect the intellectual property rights of Hearthstone and third parties
• Refrain from engaging in any conduct that could harm our reputation or business

Prohibited Conduct and Activities

You expressly agree not to:

• Use our services for any unlawful purpose or in violation of these terms
• Attempt to circumvent, disable, or interfere with security features of our website
• Engage in any form of automated data collection, scraping, or harvesting
• Upload, transmit, or distribute any harmful code, viruses, or malicious software
• Impersonate any person or entity or falsely state your affiliation with any organization
• Harass, abuse, threaten, or intimidate other users or our staff
• Use our services to transmit spam, chain letters, or unsolicited communications
• Reverse engineer, decompile, or disassemble any aspect of our services

Content Guidelines

Any content you submit through our website must:

• Be truthful and not misleading
• Not infringe upon any intellectual property, privacy, or other rights of third parties
• Not contain defamatory, obscene, or offensive material
• Not violate any applicable laws or regulations
• Not contain confidential information of third parties without authorization

Age Restrictions

Our services are intended for individuals who are at least eighteen years of age. By using our services, you represent and warrant that you are at least eighteen years old and have the legal capacity to enter into this agreement.

User Responsibilities and Compliance

Legal Compliance

You are solely responsible for ensuring that your use of our services complies with all applicable laws, regulations, and industry standards in your jurisdiction. This includes but is not limited to laws governing arcade games, gambling, entertainment venues, intellectual property, privacy, and consumer protection.

Licensing and Permits

You are responsible for obtaining any necessary licenses, permits, or approvals required to operate arcade games or entertainment venues in your jurisdiction. While we may provide guidance on legal considerations, we are not legal advisors and our services do not constitute legal advice.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Hearthstone, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use or misuse of our services
• Your violation of these Terms and Conditions
• Your violation of any rights of another party, including intellectual property rights
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through our services

Privacy and Data Protection Compliance

You are responsible for complying with all applicable privacy and data protection laws in connection with your use of our services. This includes obtaining necessary consents and providing appropriate notices to individuals whose personal data you may collect or process.

Liability and Warranties

Disclaimer of Warranties

Our services are provided on an as-is and as-available basis without any warranties, express or implied. To the fullest extent permitted by law, Hearthstone disclaims all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that our services will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of any content
• Warranties that defects will be corrected or that our services are free of viruses

Limitation of Liability

To the maximum extent permitted by law, Hearthstone shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, whether arising in contract, tort, or otherwise, even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for all claims arising from or related to our services exceed the greater of one hundred dollars or the amount you paid us for services in the twelve months preceding the claim.

Exclusion of Consequential Damages

Under no circumstances shall Hearthstone be liable for:

• Lost profits, revenue, or business opportunities
• Loss of data or information
• Cost of procurement of substitute goods or services
• Damage to reputation or goodwill
• Any other indirect or consequential damages

Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or failures of telecommunications or internet infrastructure.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, United States, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Jurisdiction and Venue

Any legal action or proceeding arising under or relating to these Terms and Conditions shall be brought exclusively in the federal or state courts located in New York County, New York. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Dispute Resolution Procedures

Before filing any legal claim, you agree to first contact us and attempt to resolve the dispute informally through good-faith negotiations. If we cannot resolve the dispute within sixty days, either party may pursue formal legal proceedings.

Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

General Provisions

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Hearthstone regarding your use of our services and supersede all prior agreements, understandings, and communications, whether oral or written.

Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations without restriction. Any attempted assignment in violation of this provision shall be void.

Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. Material changes will be communicated through our website or via email to registered users. Your continued use of our services after such notice constitutes acceptance of the modified terms.

Survival

Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

Contact Information

For questions or concerns regarding these Terms and Conditions, please contact us: