Arcade Operator

“Terms of Use” and “Forum Code of Conduct” between the user of this website ("You" or "Your")

Terms of Use set out below (Agreement) govern Your use of the Website located at www.arcadeoperator.co.uk and form a binding agreement between Arcade Operator and You in relation to Your use of this website.
Please read all of the Agreement carefully. By using Arcade Operator, You acknowledge and agree that You have had an opportunity to read and understand the Agreement and agree to be bound by it.
If You have any questions, please contact us by using the contact button on the home page before using this website.

This Agreement:

AO means either the website located at www.arcadeoperator.co.uk and or the company Arcade Operator.
Content means all content posted by You onto AO including, without limitation, graphics, text, icons, photographs, URLs, video or audio material.
Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.
Business Listing means a business listing in the Database. A Business Listing may contain information for example, contact details, Logo’s and descriptions etc.
Advertisements means material supplied for products, services, vacancies, banner ads or other paid content.
Industry Code means acceptable industry practices as laid down by trade organisations such as BACTA.
Database means the database of Business Listings which is collected by and made accessible to the public via the online business directory on AO.

1. AO – General Requirements

1.1 You may use AO on the terms and conditions of this Agreement.
1.2 Please contact AO using the “Contact Us” button on the home page if you come across any material which:

1. infringes any law, regulation, standard or industry code;
2. breaches the requirements of this Agreement;
3. or is incorrect;

1.3 AO contains content created by third parties, other information obtained from public sources and links to other websites (such content and websites together, Third Party Content). Except as otherwise indicated, we do not endorse, sponsor or approve any business listed on AO, any Third Party Content or the products or services offered by any business listed on AO.
1.4 You must not:

1. access AO other than through the normal AO web interface;
2. access AO through any automated means (including, without limitation, through the use of scripts or WebCrawler’s);
3. use AO if You have previously been barred from using it;
4. infringe the intellectual property rights of others;
5. impersonate or falsely state or misrepresent an affiliation with any person or organisation;
6. use AO or any information contained on AO in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any similar activity;
7. violate or cause AO to violate any law, regulation, standard or  industry code;
8. Sell, resell, reproduce, duplicate, trade or exploit for any commercial purpose any portion of, use of, access to or data on AO which does not form part of Your Business Listing.

1.5 You acknowledge and agree that AO retains complete editorial control and may, in its sole discretion and without notice to You:

1. reject, remove, delete or amend any material contained on AO or in the Database at any time, including (without limitation) any material contained in any Business Listing;
2. reject, refuse, remove, delete or amend any Content at any time;
3. position Content and/or any Business Listing as it sees fit; and
4. Implement other conditions to ensure that the commercial nature of Content is clear.

1.6 AO reserves the right to modify, discontinue or disable this website (on a permanent or temporary basis) at any time.
1.7 AO may terminate this Agreement, remove Your Business Listing or advertisements  and/or refuse You access to AO  if You have breached, or we consider that You will breach, this Agreement or for any other reason that AO in its sole discretion, sees fit.

2. Business Listings and Advertisements

2.1 You may use AO to add, amend and/or update a Business Listing or Advertisement solely on the terms and conditions of this Agreement.
2.2 All Content must:

1. be complete and accurate;
2. be supplied in the manner and format specified or as otherwise directed by AO;
3. not be of a nature likely to bring AO into disrepute; and
4. Comply with all laws, regulations, standards and industry codes.

2.3 You must not:

1. use AO to add or amend a Business Listing  or Advertisement where You do not have the express authorisation of that business to do so;
2. upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;
3. upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Accessible Content;
4. infringe the intellectual property rights of others; or
5. breach a law including, without limitation, any law that restricts advertising of a profession.
6. sell any machine on our platform without the correct licence for sales of gambling machines.

2.4 If any of the information in the Business Listing or Advertisement for Your business changes, becomes out of date, or no longer complies with this Agreement, You must:

1. immediately amend Your Business Listing or Advertisement so that it complies with this Agreement; and/or
2. Immediately notify AO.

2.5 You acknowledge and agree that by posting Content onto AO You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from AO or any AO authorised third party.
2.6 You must provide AO with a copy of the authorisation described in clause 2.3(a) on request.

3. Intellectual Property Rights

3.1 AO and the Database are owned and operated by AO. You acknowledge and agree that all intellectual property rights comprised in or relating to AO and the Database belong to AO, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.
3.2 You may download and view content and/or print a copy of material on AO for Your own use only, provided You do not:

1. modify the content (including, without limitation, any copyright notice) in any way;
2. make the content public; or
3. use the content in a manner or for a purpose prohibited by this Agreement.

3.3 You must not do anything which breaches or otherwise interferes with AO’s intellectual property rights. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on AO without our written permission. Requests to reproduce any content may be made by the “Contact Us” button on the AO home page.
3.4 We may publish and communicate to the public any Content. By posting Content onto AO, You grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable license to:

1. reproduce, modify, add to, use, copy, publish, communicate and adapt the Content for any purpose and in any manner anywhere in the world, including (without limitation) on AO and as part of the Database; and
2. permit any other person to do any of the things referred to in paragraph (a),

(Licence). 3.5 You must waive, and must ensure that all other persons waive, absolutely and irrevocably all moral rights in relation to any Content. For the purposes of this clause 3.5, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that moral right.
3.6 For the avoidance of doubt, You acknowledge and agree that:

1. the Licence includes a right for us to:
1. make the Content available to other companies, organisations or individuals with whom we have a relationship for the provision of services and to use such Content in the provision of those services;
2. make the Content available to the public via any website or as part of any services or products in any jurisdiction;
2. we will allow AO users to search Content You have posted; and
3. You will do everything necessary (including without limitation, on request, execution of any documents) to give AO the full benefit of the licences, waivers and consents set out in this clause 3.

3.7 The Licence will survive any termination of this Agreement.
3.8 Your use of some Third Party Content (including, without limitation, third party websites linked to AO) may be subject to a third party's terms and conditions of use. Nothing in this Agreement (or otherwise on AO) constitutes a licence or right for You to use such content.

4. Privacy

4.1 Any personal information collected by AO will be dealt with in accordance with the AO Privacy Policy, the terms of which are available at the bottom of the home page.
4.2 You consent (and must procure that any relevant third party consents) to the use of any personal information collected in relation to You (including, without limitation, any personal information contained in Content) in accordance with the AO Privacy Policy. If You include any personal information about any person in any Content, You must:

1. provide that person with a copy of the AO Privacy Policy prior to providing us with that personal information; and
2. where possible, have that person provide us with that personal information directly.

5. Warranties

5.1 You represent and warrant to AO that:

1. You are fully authorised to publish and to authorise AO to publish all Content (including, without limitation, having full authorisation from any business whose Business Listing or Advertisement You add, amend or update);
2. You are at least 18 years of age and have the legal capacity to enter this Agreement;
3. publication of Accessible Content in accordance with this Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
4. You have the ability to grant the Licence;
5. all Accessible Content will, at all times, comply with all applicable laws, regulations and industry codes;
6. all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised;
7. the Accessible Content does not, and will not at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
8. You have obtained the consent of all individuals whose personal information is included in the Content to:
1. the collection of that personal information by AO; and
2. the use and disclosure of that personal information in accordance with the AO Privacy Policy;
9. all Accessible Content will be current and accurate, and will not mislead or deceive end users of AO; and
10. each website represented by any URL shown or embedded in the Business Listing or Advertisement for Your business:
1. is controlled and operated by Your business or its independent contractor;
2. will be functional and accessible at all times; and
3. is suitable in all respects, including (without limitation) subject matter, to be linked to AO.

6. Liability

6.1 To the full extent permitted by law and subject to clause 6.4, AO excludes all representations, warranties, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
6.2 AO is provided "as is", and You acknowledge and agree that AO  has no control over Third Party Content and that Your use of AO (including, without limitation, all material obtained from or linked to AO) is at Your sole risk. Nothing on AO constitutes the giving of financial or other advice. You should obtain qualified professional advice before acting on the basis of any information on AO.
6.3 To the full extent permitted by law, AO excludes all liability to You for any damages or loss (including without limitation, loss of profits, indirect or consequential loss) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise suffered by You in connection with:

1. Your use of, or reliance on, AO (or any information contained on or linked to AO);
2. any dealing You have with any business displayed on AO.

6.4 Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision in this Agreement, to the extent to which AO is entitled to do so, AO limits its liability in respect of any claim under those provisions to:

1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.

6.5 You hereby indemnify and hold harmless AO and its officers, employees and agents from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:

1. Your breach of this Agreement, including (without limitation) a warranty in clause 5;
2. any act of fraud or wilful misconduct by or on behalf of You; and
3. the publication or use of, or any act or omission in relation to, the Accessible Content including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements.

7. General

7.1 We may provide You with notices by email, mail or by posting content on AO.
7.2 You should carefully read and agree to this Agreement each time You use AO. Whilst AO hopes not to have to alter this Agreement, it is possible that changes will be required from time to time. By using AO (including, without limitation, by posting any Content) You agree that the then current version of this Agreement will apply to that use.
7.3 AO may assign this Agreement provided that the relevant assignee undertakes to perform all of AO’s obligations herein. Subject to the foregoing, neither party may assign this Agreement in whole or in part.
7.4 The indemnities in this Agreement are:

1. continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and
2. absolute and unconditional and unaffected by anything that might have the effect or prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.

7.5 This website and the use of it is governed by English law and English courts shall have exclusive jurisdiction It is a condition of this agreement that all products, services and content supplied comply fully with the Gambling Act 2005 and all Licensing Conditions Codes of Practice.

Code of Conduct

We want all visitors to this Site to have a safe, interesting and friendly experience. Accordingly, all users of the Site and any Contributions to it must comply with this Code of Conduct. Your use of AO means that you accept and agree to abide by this Code of Conduct, which supplements and forms part of AO Terms and Conditions.
We may need to revise the Code of Conduct from time to time by amending this page. Please review this page regularly to ensure You are aware of any changes we make as they are legally binding on you.
If you reasonably believe that any Contribution contravenes this Code of Conduct and/or any of the AO Terms and conditions, please notify us using the "Alert Us" button on the Forum or the “Contact Us” button on the Homepage.
Within this Code of Conduct, "Contributions" means any material You post or upload to AO, including without limitation any graphics, text, icons, photographs, URLs video or audio material.

1. Contributions

1.2 must be Your own original work. All material in Your Contributions must be Your own original piece of work and should not plagiarise others' work.

1.3 must not infringe anyone else's rights, including copyright. Your Contributions must not plagiarise or infringe the rights of any other person including any copyright, database, trade mark, trade secret, privacy, publicity, personal or proprietary rights of any kind. Therefore with regard to existing articles, news reports, music, video clips or other copyright material you will generally need the explicit permission of the relevant copyright owners.

1.4 must not contain unlawful or objectionable content nor involve disruptive, offensive or abusive behaviour. Be respectful and civil to other members, even if you disagree with them. Material that is unlawful, harassing, threatening, defamatory, obscene, offensive, abusive, hateful, inflammatory, profane, racially, sexually or religiously offensive or otherwise objectionable or unlawful is not acceptable.

1.5 must not contain unsuitable or irrelevant website addresses or URLs.    Links to pornography, commercial or other inappropriate content may be deleted.

1.6 must not promote illegal or anti-social behaviour. Contributions must not contain violent or sexually explicit material or advocate, promote or assist any unlawful act such as (by way of example only) terrorist acts, copyright infringement or computer misuse.

1.7 must not misrepresent their origins. Contributions and/or user names may not be used to impersonate any other person, to misrepresent your identity or affiliation with any person or to give the impression that they emanate from AO, if that is not the case.

1.8 must not be in any language other than English. Contributions in other languages may be removed.

1.9 must not involve any flooding, spamming or advertising. Flooding is when the same comment is posted over and over in the same forum; spamming is the posting of the same comment (or very similar) to more than one forum. All advertisements, chain letters, pyramid schemes, junk mail and any other forms of commercial solicitation are prohibited.

2 must not disclose any personal information. Contributions to this Forum and can be viewed by others with whom You may not wish to share such information. Do not include any personal or personally identifiable information about You or others (including Your own or anyone else's email address).

Please note that when the first post in a thread is deleted, all of its subsequent replies are automatically deleted. This means that some of Your posts may be deleted because they were placed in response to a post that contravened the Code of Conduct. Keeping your post within these rules will not only ensure that Your posts are not removed from the forum, but also that the posts of others will remain.

2.1. Breach of the Code of Conduct
It will be our sole decision as to whether there has been a breach of this Code of Conduct. AO has the right (but not the obligation) to edit, refuse to post, or to remove any Contribution in whole or in part that we deem to be in breach of the Code of Conduct. Where we believe there is a breach of the Code of Conduct, AO may take whatever action we feel is appropriate in the circumstances.

Failure to comply with this Code of Conduct constitutes a material breach of the AO Terms and Conditions, which could result in us taking any of the following actions:

1. issuing a warning to you;
2. immediate, temporary or permanent withdrawal of any Contribution or of your right to use the Site, including deletion of any Business Listings
3. legal proceedings against you for reimbursement of all losses and costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and/or further legal action against you; and/or
4. disclosure of such information to law enforcement authorities or other relevant third parties as we reasonably feel is necessary.

AO excludes liability for actions taken in response to breaches of this Code of Conduct. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.