By accessing the website at www.orionarcade.com or using an Orion Arcade App, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and app. The materials contained in this website and app are protected by applicable copyright and trademark law.
Orion Arcade LLC ("Orion Arcade") provides a service that allows our members to access entertainment content ("Orion Arcade content”) over the Internet on computers and other devices ("Orion Arcade ready devices").
These Terms of Use govern your use of our service. As used in these Terms of Use, "Orion Arcade service", "our service" or "the service" means the personalized service provided by Orion Arcade for discovering and accessing Orion Arcade content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service.
2.1. Your Orion Arcade membership will continue until terminated. To use the Orion Arcade service you must have Internet access and a Orion Arcade ready device.
2.2. We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Orion Arcade membership by visiting the orionarcade.com website.
2.3 Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Orion Arcade at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent Orion Arcade membership may not be eligible for certain introductory Offers. We may use information such as device ID, an account email address used with an existing or recent Orion Arcade membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
4.1. You must be at least 13 years of age, or the age of majority in your province, territory or country, to become a member of the Orion Arcade service. Minors may only use the service under the supervision of an adult.
4.2. The Orion Arcade service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Orion Arcade membership we grant you a limited, non-exclusive, non-transferable right to access the Orion Arcade service and Orion Arcade content. Except for the foregoing, no right, title or interest shall be transferred to you.
4.3. The Orion Arcade service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our websites, user interfaces, promotional features and availability of Orion Arcade content.
4.4. You agree to use the Orion Arcade service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Orion Arcade service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Orion Arcade service; use any robot, spider, scraper or other automated means to access the Orion Arcade service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Orion Arcade service; insert any code or product or manipulate the content of the Orion Arcade service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Orion Arcade service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4.5. The quality of the display of the Orion Arcade content may vary from device to device. There is no minimum internet connection speed; however, we recommend a faster connection for faster loading times. A download speed of at least 6.0 Mbps is recommended. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin playing Orion Arcade content will vary based on a number of factors, including your location, available bandwidth at the time, specifications of and configuration of your Orion Arcade ready device.
4.6. The Orion Arcade software is developed by, or for, Orion Arcade and may solely be used for authorized streaming and to access content from Orion Arcade through Orion Arcade ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Orion Arcade software and related third-party software.
The member who created the Orion Arcade account (the "Account Owner") is responsible for any activity that occurs through the Orion Arcade account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Orion Arcade ready devices that are used to access the service and not reveal the password with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Orion Arcade or our partners from identity theft or other fraudulent activity.
Orion Arcade Service IS PROVIDED BY ORION ARCADE “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” ORION ARCADE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. WITHOUT LIMITING THE FOREGOING, Orion Arcade DOES NOT WARRANT THAT ACCESS TO ORION ARCADE WILL BE UNINTERRUPTED; THAT ORION ARCADE WILL MEET YOUR REQUIREMENTS; THAT Orion Arcade WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY CERTAIN CONTENT WILL BE AVAILABLE; OR THAT ORION ARCADE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORION ARCADE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR THE PERFORMANCE OF GFN, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL ORION ARCADE’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THESE TERMS EXCEED THE AMOUNTS PAID FOR GFN USE DURING THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ORION ARCADE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. The exclusions and limitations of liability in these terms form an essential basis of the bargain between the parties, and, absent any such exclusions or limitations of liability, the terms, including the economic terms, would be substantially different.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ORION ARCADE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Orion Arcade agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
9.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of New Mexico, U.S.A. without regard to conflict of laws provisions.
9.2. Unsolicited Materials. Orion Arcade does not accept unsolicited materials or ideas for Orion Arcade content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Orion Arcade.
9.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the Orion Arcade Help Center, which is accessible through the Orion Arcade.com website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our websites, these Terms of Use will control.
9.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
9.5. Changes to Terms of Use and Assignment. Orion Arcade may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
9.6. Electronic Communications. We will send you information relating to your account (e.g. changes in password, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.